Terms and Conditions

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. 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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. 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You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AbeBooks for all claims resulting from content you supply. AbeBooks has the right but not the obligation to monitor and edit or remove any activity or content. AbeBooks takes no responsibility and assumes no liability for any content posted by you or any third party. COMMUNICATIONS When you visit AbeBooks.com or send e-mails to us, you are communicating with us electronically. Communications sent to AbeBooks by means of the Web Site or e-mail are not considered delivered or effective unless and until they are actually received and processed by AbeBooks' responsible representative. You consent to receive communications from us electronically. 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. 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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"). 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 using Our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. When You use Our site, Your account (or You permit someone else to use it) to purchase or otherwise acquire access to 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, along with the following policies and the applicable product agreements, which are incorporated by reference herein. 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New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. Beta Services, unless otherwise exempted, are subject to the following: If You elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that Your use of the Beta Services may expose You to unusual risks of operational failures; (iii) The Beta Services are provided as is, so We do not recommend using them in production or mission critical environments; (iv) We reserve the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Namecheap may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding Your experience with the Beta Services in a form reasonably requested by Us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use Your feedback for any purpose, including product development purposes. At Our request You will provide Us with comments that We may use publicly for press materials and marketing collateral. Any intellectual property inherent in Your feedback or arising from Your use of the Beta Services shall be owned exclusively by Namecheap; (viii) You acknowledge and agree that all information regarding Your use of the Beta Services, including Your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Namecheap; (ix) the Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, Namecheap disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Namecheap offers, as part of the Services available to You, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between You and Namecheap. Nothing contained in any agreement executed between You and a third party provider shall eliminate, reduce or add to the obligations of Namecheap as described herein. All paid Services are non-refundable, unless otherwise specified. Account Panel. The account panel associated with Your Account (“Account Panel”) enables You to purchase, renew, extend, suspend or cancel Service(s). You acknowledge and agree that You will not use the Account Panel to abuse and/or overload any of Our Systems or Services or any API. Abuse of the Account Panel will be determined in Our sole and absolute discretion. It includes but is not limited to repetitive, high volume requests, inquiries, calls or other excessive use or abuse of Our Systems or Service(s) or any API. You further agree to abide by such guidelines on acceptable use of Our Services (and/or the Account Panel) as set forth by Us, which may change at any time in Our sole and absolute discretion. In addition to any other right to terminate, Namecheap specifically has the right to immediately terminate Your Account, without notice or right to cure, in the event that You violate this term. Acceptable Use Policy (AUP). You acknowledge and agree to the following with respect to all of Our Services: A. You will use all Services for lawful purposes only and You will comply with the terms of this Agreement and any other agreements you have entered into by virtue of purchasing or using Our Service(s) in addition to all applicable local, state, national and international laws, rules and regulations. B. You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about any other user or any other person or entity without their express permission. C. You will NOT use our site or Services in a manner (as determined by Us in our sole and absolute discretion) that: Violates the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government and/or international laws or customary industry acceptable use standards; Promotes, encourages or engages in child pornography or the exploitation of children; Promotes, encourages, engages or displays cruelty to humans or animals; Promotes, encourages or engages in terrorism, violence or hatred against people, animals or property; Transmits any unsolicited commercial or bulk email, or engages in any activity known or considered to be spamming or Mail Bombing; Makes any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum; Makes, attempts or allows any unauthorized access to Namecheap website, servers, account, Your own hosting account or the account of any other customers of Namecheap; Allows any remote code execution of malicious software through a hosting account or any APIs provided by Namecheap; Causes 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; Forges 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; Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; Contains viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; Contains any kind of proxy server or other traffic relaying programs; Uploads 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; Engages in or instigates 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 any online spam database, actions resulting in DDOS attacks for any servers, etc.; Reverse engineers any API or attempts to use an API to obtain confidential information; Circumvents an API in order to violate Namecheap restrictions such as, but not limited to, accessing products and services owned by other customers, avoiding payment for Services; Overloads Our systems, including APIs, in any way; or Violates 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. D. You will not access Namecheap Content (defined below) or User Content (also defined below) through any technology or means other than through this site itself, or as We may designate. E. You agree to back-up all of Your User Content, including email and applicable content, so that You can access it when needed. Namecheap does not warrant that We back-up any account, User Content and/or email and applicable content, and You agree to accept as a risk the loss of any and all of Your User Content. F. You agree to provide government-issued photo identification and/or government-issued business identification, plus whatever else We deem required and necessary, in order to verify Your identity. Namecheap reserves the right to refuse Services to anyone upon Our discretion. Any material that in Namecheap’s 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 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 and this space cannot be used for storing Your content. Additional Services. The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. In such a case Namecheap will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable. You can order Additional RAM as extra features to Your VPS account(s). Namecheap will charge the appropriate fee for the additional RAM, depending on the amount of RAM ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional RAM each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, Namecheap will remove the additional RAM or will suspend the whole VPS account until receiving additional RAM renewal payment. 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 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 products and/or services in violation of these terms. Transfer of Content. In the event You terminate this Agreement or Your use of Namecheap products and/or services, then moving Your server content off of the Namecheap servers is Your responsibility. Namecheap will not transfer or FTP Your server content to another provider. In the event Your use of Namecheap products and/or services is terminated, Namecheap will not transfer or manage Your services or Your content. Third-Party Software. Namecheap provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, 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 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 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. 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. Namecheap Reservation of Rights. Namecheap explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Namecheap; (ii) establish limits and guidelines concerning the use of Namecheap services and/or products; (iii) terminate Your use of Namecheap services and/or products for use of Namecheap services and/or products to unnecessarily or illegally harass Namecheap or third parties, non-payment of fees for Namecheap services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Namecheap, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Namecheap determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Namecheap services and/or products if Your use of Namecheap services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Namecheap or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Namecheap services and/or products at any time and for any reason if deemed reasonably necessary by Namecheap. Namecheap has no obligation to monitor Your use of Namecheap services and/or products, but reserves the right in its sole discretion to do so. Right of Refusal. Namecheap has the right to refuse services to anyone at Our discretion. 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-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Namecheap expressly does not warrant that Namecheap services and/or products will meet Your requirements, function as intended, or that the use of the provided 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. Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Namecheap has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Namecheap has no obligation to back-up any data related to your website unless Namecheap expressly agrees otherwise in writing or has expressly stated so on the website. 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, constitute 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. Falls Creek CONDITIONS OF SUPPLY AND SALE The following conditions of supply and sale (‘Conditions of Sale')apply to and bind the purchaser and user of a Falls Creek Hotham Snow Pass Media Card or a Snow Pass Media Product from Falls Creek Ski Lifts Pty Ltd (‘FCSL') (ABN 46 004 843 761)or from Mount Hotham Skiing Company Pty Ltd(ABN 60 004 294 697) (‘MHSC')(collectively called ‘the Suppliers')whether the purchaser purchases the Snow Pass Media Card or the Snow Pass Media Product via the FCSL Website or the MHSC Website (collectively called ‘Website') or by telephone, postal orde or by visiting the Supplier's Offices. 1. DEFINITIONS 1.1 ‘Holder' means the person to whom a Snow Pass Media Card and a Snow Pass Media Product has been issued and includes the user and purchaser of a Snow Pass Media Card and of a Snow Pass Media Product. 1.2 ‘Ski Lifts' means such chair lifts, t-bars, poma lifts, moving carpet and tow ropes as may be operated by the Suppliers at their respective resorts during the Snow Season. 1.3 ‘Snow Pass Media Product' means any products sold and supplied by the Suppliers that provide the purchaser or user with access to and use of ski and snowboard slopes in the Falls Creek and Mount Hotham Alpine Resorts, Ski Lifts,ski and snowboard lessons, ski and snowboard rental products, tobogganing and snowtubing on a daily, or multiday basis or for the Snow Season and for the purchase of ski and snowboard clothing and equipment. 1.4 ‘Snow Season' means the period in each calendar year during which the Suppliers operate the Ski Lifts at their respective resorts. 1.5 ‘Season Pass' and ‘Hero Pass' means a Snow Pass Media Product that provides the Holder with access to Ski Lifts for the duration of the Snow Season. 1.6 ‘Supplier's Offices' means the Supplier's offices located at the Falls Creek Alpine Resort, the Mount Hotham Alpine Resort, or at any other location from time to time. 1.7 ‘You', ‘Your" wherever appearing in these Conditions of Sale means any person using the Website for the purchase of a Snow Pass Media Card or a Snow Pass Media Product and includes a Holder. 2. ABOUT THESE CONDITIONS OF SALE 2.1 Please read these Conditions of Sale carefully before using the Website. By using the Website to purchase a Snow Pass Media Product, you are agreeing to be bound by these Conditions of Sale. If you choose not to be bound by these Conditions of Sale, the Suppliers will not grant you the right to so use the Website and the Suppliers will not sell or supply you with any of their products. 2.2 These Conditions of Sale include and must be read in conjunction with the Suppliers' Privacy Policy (as displayed on the Website) and the Alpine Responsibility Code. 3. PRIVACY POLICY 3.1 You agree and authorise theSuppliers and their agents to do each of the following: 3.1.1 Collect your personal information provided by you on the Website; 3.1.2 Use your personal information for administering and operating the Website and for marketing purposes such as planning, researching, promoting and/or marketing any goods and/or services of the Suppliers and/or a third party by email, mail or telephone; and 3.1.3 Disclose and/or transfer the personal information to related bodies corporate, officers, employees and agents of the Suppliers. 3.2 The Suppliers will only collect the personal information which is required for the functions and/or activities of Snow Pass Media Cards or Snow Pass Media Products. Your personal information will not be disclosed to any overseas recipients. 3.3 The Suppliers will offer you opportunities to OPT-OUT of receiving all communications (or selected communications) from them. If you elect to opt out, the Suppliers will ensure your details are excluded from all internal marketing lists and future promotions. However, if you do take advantage of any offer from a third party organisation, they may send further offers to you directly. 3.4 For more information regarding the kind of personal information the Suppliers collect, how they collect your information, the purposes for which the information is collected and how you can complain about any Australia Privacy Principle breach, please read the Suppliers' privacy policy as displayed on the Website. 3.5 You can access, update, delete or correct any personal information relating to you held in the Suppliers' database by contacting their privacy officer at privacy@fallscreek.net orprivacy@hotham.com.au. 3.6 In administering the Snow Pass Media Cards and Snow Pass Media Products, the Suppliers will collect certain personal information of the Holder. This information will be collected and used strictly in accordance with the Australian Privacy Principles and the Suppliers' privacy policy displayed on the Website. 3.7 The Suppliers collect personal information required on the Website for the primary purpose of providing you with the products or services you are seeking and accordingly, if the personal information you provide is incomplete and/or inaccurate, the Suppliers may be unable to provide you with those products or services. 3.8 Importantly, all personal information is stored on secure databases and will only be accessed by the Suppliers' employees that have a need to use the information in the normal course of their duties. For more information, please visit the Suppliers privacy policy. 3.9 Personal information about a Snow Pass Media Card Holder and transaction records are available by contacting the privacy officer at privacy@fallscreek.net or privacy@hotham.com.au. Your personal information will be disclosed to you on request and with presentation of proper identification. 4. USE OF WEBSITE 4.1 The Website is provided by the Suppliers. The material and information on the Website is provided in good faith by the Suppliers. While the Suppliers take all reasonable care to ensure that the content is correct, they cannot guarantee that all the material is always true, accurate and free from errors. Accordingly, you must use this Website at your own risk and accept that the material and information on the website may contain errors and omissions and that it is not intended as advice and must not be relied upon as such. 4.2 The Website may provide links to third party websites and the products or services of third parties. If you use any of these links you leave this website. The Suppliers have not reviewed and do not control these websites and are not responsible for their content.The Suppliers are not responsible and are not liable in any way for third party content provided on or through these Websites. If you access, use or purchase any goods or services via these websites you do so at your own risk. 4.3 This Website may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. The Suppliers do not endorse or recommend the goods or services of such advertisers or their websites. If you purchase any goods or services from them or visit any of their websites, you do so at your own risk. 4.4 Copyright in the content and material on the Website is owned by the Suppliers or its licensors. You may download, store, display on your computer, view, listen to, play and print materials that the Suppliers publish or broadcast on the Website or make available for free download through the Website subject to the following: (a)the materials may be used by you solely for your own information and evaluation purposes relating to the Suppliers' products and services; (b) the materials may not be modified or altered in any way; and (c) the materials may not be redistributed or sold to other parties. 4.5 No content of this Website maybe used, reproduced, distributed, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the written permission of the Suppliers except: 4.5.1 as expressly permitted in these Conditions of Sale, or 4.5.2 as permitted under the CopyrightAct 1968 (Cth) or other applicable laws. 4.6 The Website may contain trademarks or logos of the Suppliers, other companies or organisations and these are proprietary to the owner(s) of such marks. No use of the trademarks or logos without prior written permission of the Suppliers is permitted. 4.7 The Suppliers may at any time discontinue or limit access to the Website or its content. The Suppliers may terminate or limit your access to the Website if you breach these Conditions of Sale. All disclaimers and limitations of liability by the Suppliers will survive termination. 4.8 To the extent available by law,the Suppliers give no guarantees or warranties in relation to the use orc ontent of the Website. In particular, the Suppliers do not warrant that: 4.8.1 the Website will be continuously available or free from any delay in operation or transmission, virus,communications failure, internet access difficulties or malfunction in hardware or software; 4.8.2 the Website or any content wil meet your requirements; or 4.8.3 the content does not infringe any third party intellectual property rights. 5. SNOW PASS MEDIA CARDS 5.1 Snow Pass Media Cards issued to you by the Suppliers at a cost of $5.00 are used for the storage of your purchases of Snow Pass Media Products. 5.2 A Snow Pass Media Card will be replaced at a cost of $5.00 for any card lost, stolen or damaged. 5.3 The purchase of Snow Pass Media Products are non-refundable and non-transferable once payment has been processed. 5.4 Names on the Snow Pass Media Product orders cannot be altered after the order has been made. 5.5 A Snow Pass Media Card does not entitle the Holder to any Ski Lift access without the purchase of a Ski Lift access product. 5.6 In purchasing your Snow Pass Media Products you agree to receive communications from the Suppliers' marketing teams by email (but not limited to this medium) advising you of key information and updates, including additional benefits to Snow Pass Media Cardholders. 5.7 Snow Pass Media Cards must be carried in your ski jacket at all times while you are on the ski/snowboard slopes and must be presented to the Suppliers' authorised personnel upon request. The Snow Pass Media Card can be used when loaded with the purchase of Snow Pass Media Products. No refund will be made if any Ski Lifts are not operating or for customer illness or injury or for lost or stolen Snow Pass Media Cards. 6. ORDERING PROCEDURE 6.1 You may offer to purchase any Snow Pass Media Products described in the Website for the price specified in the Website. 6.2 Your order must contain your name, postal address, phone number, date of birth, e-mail address, a recent passport style photo, credit card details and any other ordering information specified on the Website. 6.3 Payment must be effected by credit card using the ordering facility on the Website. 6.4 You are responsible for ensuring the accuracy of your order. The Suppliers shall endeavor to supply you,subject to availability, with the Snow Pass Media Products set out in your order. Confirmation of your purchase will be sent to your nominated email address. 6.5 You cannot cancel an order once it has been submitted and paid, even if a confirmation email from the Suppliers is still pending. 6.6 Snow Pass Media Products are available for sale only to persons who can make legally binding contracts. 6.7 If you purchase Snow Pass Media Products by telephone, post or by visiting one of the Suppliers' Offices then any such purchase will be governed by these Conditions of Sale excluding any of the Conditions of Sale that are specific to purchases made using the Website. 6.8 If you opt to collect your Snow Pass Media Card or Snow Pass Media Products direct from the Suppliers you will need to provide a valid photo ID showing your date of birth. 6.9 If you choose to purchase a Hero Pass you will, at the time of purchase, be required to pay the full price or the deposit price nominated on the website. If you choose to pay the deposit price you agree to pay the balance of the purchase price and also agree that this amount will automatically be deducted from your credit card on 30 April 2016. It is your responsibility to ensure the credit card details on file are correct prior to 30 April 2016 and that sufficient funds are available on that date to enable the balance of the purchase price to be deducted. 7. YOUR AGREEMENT TO THESE CONDITIONS OF SALE BY MAKING AN ORDER By completing your purchase/s and payment by credit card or voucher you agree to these Conditions of Sale including the Exclusion of Liability Conditions (in paragraph 16 ) and the Suppliers will treat the order as confirmed. 8. PRICING 8.1 The price of the Snow Pass Media Products shall be the price displayed on the Website on the date of your order (inclusive of goods and services tax and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth)but exclusive of delivery charges which are payable by you). 8.2 All prices displayed on the Website are quoted in Australian dollars and must be paid in full, including delivery charges, except where discounts are offered as detailed on the Website. 9. CANCELLATION DUE TO ERROR OR UNAVAILABILITY 9.1 You acknowledge that despite the Suppliers' reasonable precautions, Snow Pass Media Products may be listed at an incorrect price, with incorrect information, or which are unavailable due to a typographical error or other oversight. In these circumstances, the Suppliers each reserve the right to cancel the transaction, not withstanding that your order has been confirmed and your credit card has been charged. The Suppliers each reserve this right up until the time of delivery or use of the Snow Pass Media Products. 9.2 If a cancellation of this nature occurs after your credit card has been charged for the purchase the respective Suppliers will immediately, or as soon as practical, issue a credit to your credit card account for the amount in question. 10. DELIVERY Australia Post is the Suppliers' usual postal agent and it will make deliveries unless otherwise instructed and in accordance with the terms and conditions stipulated by it. All Snow Pass Media Cards and Snow Pass Media Products will be delivered to the address that you have indicated on your order. Risk of damage or loss of the Snow Pass Media Cards and Snow Pass Media Products passes to Australia Post when it takes possession of your order from the Suppliers. Any times quoted for delivery are approximate only and the Suppliers shall not be liable for any delay in the delivery of the Snow Pass Media Cards or Snow Pass Media Products howsoever caused. 11. RESALE, USE BY UNAUTHORISED PERSONS, TRANSFER OR ALTERATIONS TO SNOW PASS MEDIA CARDS PROHIBITED 11.1 A Snow Pass Media Card must only be used by the person to whom it is issued and must not be used by another person, resold, transferred or altered in any manner. Should this provision be breached the Snow Pass Media Card in question will be cancelled with no refund being payable for the purchase price and the respective Suppliers reserve the right to refer the matter to the police. 11.2 Immediately you become aware that any Snow Pass Media Card issued to you (or to another person at your request) has been lost or stolen, you must report this to the relevant Supplier by telephone (FCSL 03 5758 1000or MHSC 03 5759 4444) or by visiting an office of that Supplier. 11.3 You acknowledge and accept that any Snow Pass Media Card issued to you(or to another person at your request) may be cancelled or suspended at the sole discretion of the relevant Supplier if: 11.3.1 an unauthorised person is found to be using it prior to you reporting it lost or stolen; or 11.3.2 the user fails to comply with all signs or other direction of the Suppliers, or for reckless or careless conduct, or for breach of the Alpine Responsibility Code. 12. SECURITY POLICY 12.1 When purchasing from the Website your financial details are passed through a secure server. 12.2 No transmission over the Internet can be guaranteed as totally secure. Whilst the Suppliers strive to protect such information, the Suppliers do not warrant and cannot ensure the security of any information which you transmit to the Suppliers. Accordingly, any information which you transmit to the Suppliers, including your credit card details, is transmitted at your own risk, and the Suppliers shall have no liability to you for any financial or consequential loss or damage suffered by you in anyway whatsoever arising out of or related to your use of this website whether due to negligence, breach of contract, statute or statutory duty by the suppliers. 12.3 Once the respective Suppliers receive your transmission, the respective Suppliers will take reasonable steps to preserve the security of such information. 13. AGENCY If you purchase any Snow Pass Media Card or Snow Pass Media Products, from the Suppliers via the website, or by any other means, on behalf of another person, both you and that other person, agree that you make that purchase as the authorised agent of that other person so that he/she will be bound by these Conditions of Sale. 14. VARIATION TO THE CONDITIONS OF SALE The Suppliers retain the right to vary these Conditions of Sale from time to time (including changing the prices of any Snow Pass Media Products) provided that this does not materially affect the nature of the Snow Pass Media Products purchased. Any variations become effective on posting of the changes on the Website. By making a purchase through the Website you agree to be bound by these Conditions of Sale and by any later variation to them when posted on the Website. The Suppliers encourage users to review this document regularly to keep abreast of such changes. 15. TERMINATION OF ACCESS Access to the Website may be terminated at any time by the Suppliers without notice. The respective Suppliers' limitation of liability will nevertheless survive any such termination. 16. EXCLUSION OF LIABILITY Read Carefully- These Conditions Affect Your Legal Rights! 16.1 Falls Creek Ski Lifts Pty Ltd being the supplier of recreational services in the Falls Creek Alpine Resort, and Mount Hotham Skiing Company Pty Ltd, being the supplier of recreational services in the Mount Hotham Alpine Resort and at the skiing/snowboarding slope at Dinner Plain, supply and sell the following recreational services, being all Snow Pass Media Cards, Snow Pass Media Products, including skiing, snowboarding, skiing and snowboarding lessons, the use of ski and snowboard slopes, the use of Ski Lifts, skiing and snowboarding equipment rental, snow making, the condition, layout, design,construction, maintenance and grooming of ski/snowboard slopes and surrounds,and all other associated sporting activities or similar leisure time pursuits associated with being in either of the Resorts or using the ski/snowboard slopeat Dinner Plain (collectively called ‘Recreational Activities') subject to the following conditions: 16.2 Exclusion of Liability The Suppliers, their employees, directors and agents are not liable to the Holder or the Holder's dependents or legal representatives for personal injury or death suffered by the Holder due to the Recreational Activities not being rendered with due care and skill, or not being reasonably fit for any purpose which the Holder made known to the Suppliers, or because the Recreational Activities failed to achieve any result reasonably expected by the Holder which the Holder made known to the Suppliers, or for breach of any of the consumer guarantees applied by the Australian Consumer Law (Victoria), or due to the negligence, breach of contract or statute or statutory duty by the Suppliers in any way relating to or arising from the sale or supply of Recreational Activities by the Suppliers to the Holder. 16.3 Risk Warning and Waiver to Sue The Holder acknowledges that the Recreational Activities are dangerous with many inherent risks and hazards and as a consequence personal injury (including serious personal injury) and sometimes death can occur and the Holder assumes and accepts all such risks and hereby waives the right to sue the Suppliers for any personal injury or death suffered by the Holder in anyway whatsoever caused by or arising from the Holder's participation in the Recreational Activities. 16.4 You acknowledge that: 16.4.1 The Suppliers strongly recommend that all skiers and snowboarders wear accredited helmets whenever skiing or snowboarding and also recommend that snowboarders wear wristguards. 16.4.2 The wearing of an accredited helmet is compulsory for: 16.4.2.1 all persons participating in skiing or snowboarding lessons in terrain, rail or half pipes, freestyle or freeform lessons or programs, ski or snowboard racing, race training and skiercross or boardercross; and 16.4.2.2 all children aged 3 to 14 years whilst participating in ski and snowboard school lessons or in any other snow sports program. 16.5 The Holder hereby waives the right to sue the Suppliers for death or any personal injury the Holder may suffer due to the Holder's failure to wear an accredited helmet as recommended and/or required by paragraphs 16.4.1 and 16.4.2 and the Holder also agrees to indemnify and hold harmless the Suppliers against any claims by the Holder's spouse, domestic partner, children or dependents for death or personal injury suffered by any of them due to the Holder's failure to wear an accredited helmet. 16.6 WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you: · are rendered with due care and skill; and · are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and · might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law & Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in paragraphs 16.2, 16.3 and 16.5 above. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the Supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law & Fair Trading Act 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012. 17. SEASON AND HERO PASSES 17.1 All Season and Hero Pass Holders must sign and agree to these Conditions of Sale prior to obtaining their Season or Hero Pass. 17.2 Season or Hero Pass purchases are non-refundable and non-transferable once payment has been processed. (Subject to payment and conditions of the Season and Hero Pass Refund Protection program below). 17.3 Names on the Season and Hero Pass orders cannot be altered after the order has been made. 17.4 A child Season or child Hero Pass Holder is classified as between 6– 14 years of age at 1 June of any year. A youth is classified as between15 – 18 years of age at 1 June of any year. A Senior is a person over the age of 65 at 1 June of any year. 17.5 Season and Hero Passes are valid for use at Falls Creek, Mount Hotham and Dinner Plain Resorts. 18. SEASON AND HERO PASS REFUND PROTECTION PROGRAM 18.1 If you purchase the Season and Hero Pass Refund Protection at the same time as purchasing your Season or Hero Pass you will receive the reassurance of a partial refund if you suffer injury or sickness which prevents you from further participating in skiing or snowboarding as outlined below. 18.2 Purchase Price INDIVIDUAL Season and Hero Pass Refund Protection - $40 Adult, $30Child/Student/Senior, per Season or Hero Snow Pass 19. SEASON AND HERO PASS REFUND PROTECTION - PROGRAM 19.1 Season and Hero Pass Refund Protection is only available at the time you purchase your Season or Hero Pass, and is only valid for the Snow Season for which the Season or Hero Pass is purchased. 19.2 Where Season and Hero Pass Refund Protection is purchased the Suppliers will refund a percentage of the cost of your Season or Hero Pass if you suffer injury or sickness which prevents you from further participating in skiing or snowboarding. No payments will be made under Season and Hero Pass Refund Protection where you have breached any terms of these Conditions of Sale or where you are prevented from participating in skiing or snowboarding as a result of committing or attempting to commit a crime, undertaking elective or cosmetic surgery, injury or sickness resulting from the use of alcohol or illicit or improper drug use, violation of the Alpine Responsibility Code or insufficient snow coverage. 19.3 If you have purchased Season and Hero Pass Refund Protection the Suppliers will refund the cost of your Season or Hero Pass if you are a Victorian resident who is transferred interstate or overseas by your employer;provided that the date of transfer is at least 30 days after the purchase of your Season or Hero Pass and up to 20 days after the start of the declared Snow Season for the applicable calendar year. 19.4 The Season and Hero Pass Refund Protection fee is not refundable under any circumstances. 19.5 Season and Hero Pass Refund Protection does not cover pre-existing injuries or conditions that were present at the time of purchase of the Season or Hero Pass. 19.6 To apply for a refund, you must provide the Suppliers with a written request including a covering letter of explanation, a medical certificate stating the cause and date of your injury or sickness and prognosis. Refunds will be calculated from the day the Suppliers receive your request. 19.7 Once a refund claim has been processed your Season or Hero Pass card will be de‑activated and cannot be used. 19.8 Season and Hero Pass Refund Protection ends on 8 August of the applicable year or the date when a refund is made by the Suppliers whichever is the earlier. No refund claims will be accepted by the Suppliers after 15 August of the applicable year. 19.9 All refunds made under Season and Hero Pass Refund Protection are subject to these conditions and all decisions made by the Suppliers in respect to any refund are final and binding and no correspondence will be entered into. 20. SEASON AND HERO PASS REFUND PROTECTION REFUND SCHEDULE 20.1 The percentage amount refundable under Season and Hero Pass Refund Protection where the injury or sickness occurs will be: · Up to 20 days after the date of the start of the declared Snow Season - 70% of the cost of the Season or Hero Pass will be refunded. · 21-40 days after the date of the start of the declared Snow Season - 50% of the cost of the Season or Hero Pass will be refunded. · 41-60 days after the date of the start of the declared Snow Season - 20% of the cost of the Season or Hero Pass will be refunded. · Over 60 days after the date of the start of the declared Snow Season - No refund will be paid. 20.2 If you do not purchase Season and Hero Pass Refund Protection no refund or credit will be issued under any circumstances. 21. LAW AND JURISDICTION These Conditions of Sale shall be governed by and construed firstly in accordance with the laws of the State of Victoria and then in accordance with the laws of the Commonwealth of Australia. If any part or provision of these Conditions of Sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining Conditions of Sale shall remain and continue to be valid, binding and enforceable. 22. GENERAL 22.1 If the Suppliers waive any rights available to the Suppliers under these Conditions of Sale on one occasion, this does not mean that those rights will automatically be waived on any other occasion. 22.2 The Holder acknowledges and agrees that the Suppliers may in their absolute discretion determine in accordance with the snow, slope, and/or weather conditions prevailing on any particular day or days during the Snow Season the quantity and the nature of the Ski Lifts (if any), the services and the facilities to be operated or offered by the Suppliers on that day or days and the Holder further acknowledges and agrees that he or she shall not be entitled to any refund, credit or transfer in respect of the Snow Pass Media Product with which he or she has been issued if any of the Ski Lifts and/or the services and the facilities are not operated or offered by the Suppliers for any reason whatsoever for any period during the Snow Season. 23. YOUR ALPINE RESPONSIBILITY CODE In purchasing your Pass, all Pass Holders agree to receive communications from Falls Creek Ski Lifts Pty Ltd/Mount Hotham Skiing Company Pty Ltd Marketing teams via email advising them of key information and updates including additional pass holder benefits (e-newsletters but not restricted to this medium only) Escape Medical Viewer Terms and Conditions Read the following terms and conditions which include the software license and limited warranty (collectively called the "Agreement"). Pressing on the "Accept" button or using the accompanying software indicates your acceptance of the Agreement. If you do not accept or agree with these terms, press on the "Decline" button to quit this installation. If you have any question concerning the license, please contact: Escape OE Exadaktylou 4 54635 Thessaloniki Greece Email: sales@escape.gr "Escape Medical Viewer" ©2001-16, Escape OE. All rights reserved worldwide. SOFTWARE LICENSE & LIMITED WARRANTY Escape Medical Viewer, the installer software, the software that the installer generates, as well as all documentation and related information (collectively hereinafter "SOFTWARE") are owned by Escape OE (hereinafter "ESCAPE"), a registered alias of Georgiadis I - Konidaris C - Pistofidis C & Co OE, with a principal place of business at the address set forth above, and is protected by European copyright law and international treaty provisions. The SOFTWARE contains trade secrets and confidential information that is copyrighted by and remains the property of ESCAPE. ESCAPE hereby grants you a non-exclusive non-transferable license to use the SOFTWARE as follows. All rights not expressly granted are reserved and retained by ESCAPE. YOU MAY • Install your purchased copy of the SOFTWARE into permanent memory (e.g., hard disk, or other fixed or removable storage device) of up to three computers that belong to you, namely up to two desktop machines and one portable machine, but you may only use one of them at a time. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed. • Permanently transfer all of your rights under this Agreement, provided that you retain no copies, you transfer all of the SOFTWARE (including all component parts, media and printed materials, any upgrades, this Agreement, and your official proof of ownership), and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE. YOU MAY NOT • Disclose your personal license code to any party for any purpose. • Copy, modify, or transfer the SOFTWARE in whole or in part. • Redistribute or otherwise allow the SOFTWARE to be used on more than one computer at a time. • Rent, lease, resell for profit, transfer or grant any rights in the SOFTWARE. • Disassemble, reverse engineer, or otherwise reduce the SOFTWARE to a human perceivable form in whole or in part, including but not limited to translating or creating derivative works. TERMINATION This Agreement and your license to use the SOFTWARE will automatically terminate without notice if you fail to comply with any provision of this Agreement. Upon termination you must destroy all copies of the SOFTWARE. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive any termination of this Agreement. LIMITED WARRANTY ESCAPE is providing the SOFTWARE on an "AS IS" basis without warranty of any kind. You assume full responsibility for the selection of the SOFTWARE to achieve your intended results and for the installation, use and results obtained from the SOFTWARE. ESCAPE DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. No oral or written information given by ESCAPE, its agents or employees shall create a modification or addition to this warranty unless it is set forth in writing, references this Agreement and is signed on behalf of ESCAPE by an authorized official. LIMITATIONS OF REMEDIES AND LIABILITY IN NO EVENT WILL ESCAPE OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ESCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In particular, ESCAPE and its suppliers are not responsible for any costs including, without limitation, loss of business profits, business interruption, loss of business information, the cost of recovering such information, the cost of substitute SOFTWARE, or claims by third parties. IN NO CASE SHALL ANY DIRECT OR INDIRECT SUPPLIERS OF ESCAPE BEAR ANY LIABILITY FOR ANY REASON WHATSOEVER AND IN NO CASE SHALL ESCAPE'S LIABILITY EXCEED THE AMOUNT OF THAT YOU ACTUALLY PAID. This Agreement gives you certain legal rights. You may have other rights under local law, so some of the above may not apply or may be limited. GENERAL This Agreement shall be governed by the laws of the Hellenic Republic (Greece). In any dispute arising out of this Agreement, ESCAPE and you each irrevocably attorn to the jurisdiction of the courts of Thessaloniki, Greece. This Agreement is the entire agreement between you and ESCAPE and supersedes any other communications with respect to the SOFTWARE. If any of this Agreement is held to be unenforceable, the remainder shall continue in full force and effect. Medscape Terms of Use The Medscape Network, described below, provides users with a wide array of services including, without limitation, news, reference resources, sponsored programming, personalized content, continuing medical education and communication platforms (collectively, the "Services"). The Services are provided to users of the Medscape Network subject to the following Terms of Use (the "Terms"). You will always be able to view the most current version of these Terms by clicking on the Terms of Use link at the bottom of any page of a Medscape Network website or without our mobile applications. By using the Services, you agree to these Terms, whether or not you are a registered member of the Medscape Network. These Terms govern your use of the Services and create a binding legal agreement that we may enforce against you in the event of a violation. If you do not agree to all of these Terms of Use, do not use the Services! Scope of these Terms of Use The Medscape Network includes the websites medscape.com and medscape.org (the "Medscape Sites") and the Medscape mobile device applications, which include Medscape Mobile, MedPulse and Medscape CME & Education (the "Medscape Apps"). WebMD LLC owns and operates medscape.com and Medscape Mobile and MedPulse and its affiliated company, Medscape, LLC, owns and operates medscape.org and Medscape CME & Education. References to "WebMD" in these Terms of Use mean WebMD LLC and references to "Medscape" mean Medscape, LLC. References to "we" or "our" mean WebMD and Medscape. WebMD may offer other services to physicians and healthcare professionals outside of the Medscape Network, such as WebMD Connect which is offered through WebMD's consumer website, www.webmd.com. These other services are not governed by these Terms but by the terms of use applicable to the property through which these services are offered. Account Registration You must register an account with the Medscape Network to access all of the Services. Registration requires you to provide us with your name, email address, profession, specialty and other information specified in the registration form ("Registration Information"), and to select a username and password that will be associated with your account. You agree that your Registration Information is true, accurate, current, and complete, and you will promptly update your Registration Information as necessary so that it continues to be true, accurate, current and complete. We may attempt to verify the accuracy of the Registration Information that you have provided and update it as necessary. You are solely responsible for maintaining the confidentiality and security of your Medscape account username and password and you may not permit another person to use your username and password to access the Services. You are responsible for all activity that occurs under your account. If you believe that the security of your account information has been compromised, you should immediately change your username and password through the account settings feature or notify us and we will assist you. We shall have no liability for any unauthorized access to or use of your account information. Use of the Services The Services are intended for physicians and other healthcare professionals. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof. The information and tools that we make available through the Services are provided for educational and informational purposes only. While we hope you find the Services useful to you as a healthcare professional, they are in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Services with the intention of creating any kind of physician/patient relationship, e.g., to diagnose or treat users. You are solely responsible for evaluating the information obtained from the Services and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health profession. If you are a consumer who chooses to access the professional-level information made available through the Services, you should not rely on that information as professional medical advice or use the Services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services and to view the information and materials made available through the Services, including User Content, as defined below, ("Medscape Content") solely for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Medscape Content, the Medscape Sites or the Medscape Apps, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved to WebMD, Medscape and their respective licensors, as applicable. The Medscape Network may contain links to third-party websites or resources which are not part of the Medscape Network. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in the Medscape Network of third party resources, including links to third party websites, does not imply our endorsement of these resources. You agree that you will not engage in any of the following activities in connection with your use of the Services: Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; Use, display, mirror or frame a Medscape Site or Medscape App, or any component thereof, or WebMD or Medscape's trademark, logo or other proprietary information, without the written consent of WebMD or Medscape, as applicable; Remove any copyright, trademark or other proprietary rights notices contained within the Medscape Network, including those of WebMD or Medscape and any of their respective licensors; Infringe or use the WebMD or Medscape brand, logos and/or trademarks in any business name, email, URL or other context unless expressly approved in writing by WebMD or Medscape, as applicable; Attempt to circumvent any protective technological measure associated with the Services; Attempt to access or search a Medscape Site, Medscape App or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers; Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam; Impersonate or misrepresent your affiliation with another person or entity; Harvest or otherwise collect information about others, including email addresses; Interfere with or disrupt any of the Services or the associated computer or technical delivery systems; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing a Medscape Site or a Medscape App; Fail to respect another user's privacy. This includes revealing another user's password, phone number, address, instant messenger I.D. or address or any other personally identifiable information; or Use a Medscape Site, Medscape App, the Services or any Medscape Content in any manner not permitted by these Terms. We may (but are not obligated to) do any or all of the following without notice: Record or pre-screen User Content submissions to public areas within the Medscape Network; Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process; Remove User Content which we believe does not comply with these Terms of Use; Terminate your access to the Medscape Network upon our determination that you have violated these Terms of Use; and Edit Medscape Content. Information that you Make Available through the Services Certain Services enable users to submit content which may include, without limitation, text, images, photographs, figures, charts, graphics, reports, data and sound ("User Content"). User Content does not include Registration Information. When you submit User Content through the Services you automatically grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable (through multiple tiers) license to distribute, transmit, copy, host, publicly display and perform, excerpt, index, tag, modify, adapt, sell, create derivative works from, and otherwise use and exploit such User Content in any media, form or format now known or hereafter developed, both within and outside of the Medscape Network for any purpose that is consistent with the Medscape Privacy Policy. You agree that you are solely responsible for all User Content that you submit through the Services. You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content as specified in these Terms. You are solely responsible for ensuring that the User Content that you make available through the Services complies with applicable laws including, without limitation, those relating to privacy, and also best clinical and ethical practices. Prior to submitting any User Content to the Services, you must remove any information that identifies an individual or could reasonably enable the identification of an individual, e.g., name, e-mail address, social security number, insurance number or other unique identification number, biometric identifiers, facial photographs, photographs of identifying marks such as tattoos or scars. You shall be solely responsible for any claims arising from your failure to de-identify User Content that you submit through the Services. You agree that you will not use the Services to make available User Content that: you do not have the right to make available under any contractual or fiduciary agreement or law; infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; results in the violation of any applicable law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) or any other applicable privacy laws; is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any other person or entity; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; promotes illegal activity; is fraudulent, false, misleading or deceptive; constitutes an advertisement or solicitation of business; or contains viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware. Proprietary Rights You acknowledge and agree that the Medscape Network and any software used in connection with the Medscape Network ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Medscape Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or "scrape" for commercial or any other purpose, the Medscape Network, the Medscape Content or the Software, in whole or in part. Any use of the Medscape Network or the Services not expressly permitted by these Terms is a breach of these Terms and may violate our and third parties' intellectual property rights. You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services. Privacy Policy The Medscape Privacy Policy, located at http://www.medscape.com/public/privacy, provides information about our collection, use and disclosure of information about users of the Services. By accessing and using the Services, you agree to the terms of the Privacy Policy and acknowledge and agree that the Privacy Policy forms an integral part of these Terms. Dealing with Third Parties Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Services. Laws that Govern this Agreement We control those components of the Services made available through our respective websites from our offices within the state of New York in the United States of America. By accessing the Services, you agree that the statutes and laws of the state of New York, without regard to choice of laws principles, will apply to all matters relating to use of the Services. Notwithstanding the foregoing, you may be subject to certain obligations and responsibilities associated with the jurisdiction in which you practice medicine or another health profession. We make no representation as to the legal compliance of the Services or the Medscape Content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the Services and the Medscape Content. Termination and Modification You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account and remove any User Content that you have made available through the Services, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Services. Disclaimer THE MEDSCAPE NETWORK, SERVICES, MEDSCAPE SITES, MEDSCAPE APPS AND MEDSCAPE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE MEDSCAPE NETWORK, SERVICES, MEDSCAPE SITES, MEDSCAPE APPS AND MEDSCAPE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MEDSCAPE NETWORK. YOU UNDERSTAND THAT WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF THE MEDSCAPE NETWORK NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS. Liability In no event will WebMD, Medscape or any other person or entity involved in creating, developing or delivering the Medscape Network, the Medscape Sites, the Medscape Apps, the Services or the Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or in connection with these Terms or from the use of or inability to access or use the Medscape Network, the Medscape Sites, the Medscape Apps, the Services or the Medscape Content, or from any communications or interactions with other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information provided through the Services. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. Indemnity You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Medscape Network, the Medscape Sites, the Medscape Apps, the Services and the Medscape Content or your violation of these Terms. Notice and Take Down Procedures and Copyright Agent If you believe any materials within the Medscape Network infringe your copyright, you may request removal of those materials (or access thereto) by contacting Medscape Customer Support at MedscapeCustomerSupport@webmd.net and providing the following information: Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number and (if available) e-mail address. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf. A signature or the electronic equivalent from the copyright holder or authorized representative. We may terminate the account of any user who we determine is a repeat infringers. Modifications We reserve the right, at our sole discretion, to modify, discontinue or terminate any of the Services, the Medscape Content or these Terms, at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification within the Medscape Network. By continuing to access or use the Services after we have modified these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Medscape Network and the Services. Complete Agreement Except as expressly provided in a particular "legal notice" on the website, these Terms constitute the entire agreement between you, WebMD and Medscape with respect to your use (and prior use) of the Medscape Network and the associated Services and Medscape Content. These Terms constitute the entire and exclusive understanding and agreement between WebMD, Medscape and you regarding Medscape Network and the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between WebMD, Medscape and you regarding the Medscape Network and the Services. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without WebMD and Medscape's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. WebMD or Medscape may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns Notices Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given: (i) by us via email (in each case to the email address included in your Registration Information); or (ii) by posting within the Medscape Network. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. No Waiver Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Survival All provisions of these Terms shall survive termination of your Medscape Network account except for your license to access and use the Services and the Medscape Content. Contact Us If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at MedscapeCustomerSupport@webmd.net. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve the Services. Last updated: November 10, 2015. Medscape Privacy Policy This Privacy Policy applies to the websites www.medscape.com and www.medscape.org, which are operated by WebMD LLC ("WebMD") and Medscape LLC ("Medscape"), respectively, including the mobile optimized versions of these websites (collectively, the "Sites"). Except where otherwise noted, statements in this Privacy Policy with respect to the Sites also apply to the Medscape Device Applications (or "Apps") for iPhone, iPad and Android devices which include Medscape Mobile, Medscape Medpulse and Medscape Business of Medicine. The Sites and Apps are referred to as the "Medscape Network." References to "we," "us" or "our" refer to WebMD and Medscape. This Privacy Policy describes how we may collect, use and disclose information about users of the Services. The "Services" for purposes of this Privacy Policy means the Sites, the Apps and all information and services provided to you in connection with your use of the Sites and Apps including, without limitation, news, reference content, tools, applications, sponsored programs, advertising, email communications, continuing medical education and discussion boards. We may share information collected under this Privacy Policy among the respective Sites and Apps that we each own or control, but information collected under this Privacy Policy is always protected under the terms of this Privacy Policy. Information That We Collect In this section of our Privacy Policy, we discuss the information we may collect about you in connection with your use of the Services, which can include "Personal Information" (i.e., information that we can use to identify you, such as your name or email address) and "Non-Personal Information" (i.e., information that we do not use to identify you). As described below, we may associate Non-Personal Information with Personal Information and upon doing so such information will become Personal Information. Registration. When you register to become a member of the Medscape Network, we request certain Personal Information from you such as your name and email address, zip code, profession, occupation and specialty. You may choose to update and/or supplement the Personal Information that you provided at registration at any time through your account settings. Public Forums: When you post a comment on a discussion board or other public forum, by default your username, specialty and degree will be displayed along with your comment. You may choose to display additional information in your public forum profile by adjusting your discussion profile settings, and in some instances you may be able to customize your username specifically for commenting purposes. Information that you post within a public forum is public information and may be used by us and third parties, as further described in the Medscape Terms of Use. Sponsored Programs: When you use the Services you may be presented with advertisements and opportunities to engage in industry-sponsored informational programs consisting of sponsor-selected materials ("Sponsored Programs"). All advertisements and Sponsored Programs (including any links to Sponsored Programs) will be identified to you by the label Advertisement, Information from Industry, Sponsored, WebMD Professional or some similar designation indicating that the content has been selected by a third-party sponsor. Examples of Sponsored Programs include information resources featuring branded or unbranded commercial content, interactive programs that provide information about medical conditions, treatments and products, and multi-media presentations including videos featuring key opinion leaders. We may make Sponsored Programs available to you through email or on-site or in-App media units, all of which will be identified as described above. When you choose to engage in a Sponsored Program, you may be asked to provide Personal Information which may be provided directly to the third-party sponsor and also used by us as described in this Privacy Policy. In addition, you may be presented with polling questions from the sponsor. We also collect Non-Personal Information about your use of Sponsored Programs through cookies and web beacons, as described below. Market Research: From time to time, we may invite you to participate in market research surveys for WebMD and market research surveys conducted on behalf of third party sponsors either by WebMD or a third party ("Sponsored Surveys"), where in this context "sponsor" means the provider of products and services who commissioned the survey. WebMD surveys may be administered by one of our companies or by a third party acting on our behalf. For some surveys, you may be asked to provide contact information for honoraria fulfillment. Continuing Medical Education. When you participate in a Continuing Medical Education (CME) or a Continuing Education (CE) activity made available to you through the Medscape Network, you may be asked to provide Personal Information as required by that particular activity. Tools: Clinical tools may be available through the Services. These tools may require you to provide Personal Information for the tools to operate. Additional Forms: From time to time we may offer you the opportunity to receive additional information or services from us or from third parties (e.g., sample request, sales rep visit, etc.). If you wish to receive such information, you may be asked to provide additional Personal Information to fulfill the request. We may use such information as described in this Privacy Policy and the third party, if applicable, will use such Personal Information as described at the point of collection. Cookies and Web Beacons. We collect Non-Personal Information about your use of the Sites and the Apps, as further described in the Mobile Device Application section, below, through the use of cookies and web beacons. "Cookies" are small data files that we assign to your computer's hard drive when you visit a Site, an App, or open an email. "Web beacons" are graphic image files imbedded in a web page typically used to monitor activity on a web page and send back to its home server (which can belong to the host site, a network advertiser or some other third party) information from your browser, such as the IP address, the URL of the page on which the beacon is located and the content viewed, the type of browser that is accessing the site and the ID number of any cookies on your computer previously placed by that server. Most browser software can be set to reject all cookies, however, if you choose to reject cookies then your ability to access and use the Sites and Services will be limited. We use web beacons and cookies to: (i) track usage of the Services; (ii) help us deliver more relevant advertising and content to users of the Services; (iii) assess which Services our users access; and (iv) track who has opened our emails. If you are a member of the Medscape Network, we may elect to associate our cookies and the information collected by our cookies with your registration information, thereby making the cookie information Personal Information. Third parties under contract with WebMD may use cookies or web beacons to help WebMD deliver advertising to you on properties within the Medscape Network and on properties outside of the Medscape Network that are not owned and operated by WebMD. Advertisers that market to you through the Services may use their own cookies, web beacons or other online tracking technologies in the sponsored content served to you, including banner advertisements, sponsored links, emails and pages on the Site ("Brand Pages") that consist solely of advertisements or other content from our advertisers. Some advertisers use companies other than WebMD to serve their sponsored content on their behalf and to monitor users' responses to this content. These companies ("Ad Servers") may also collect Non-Personal Information through the use of cookies or web beacons. While we generally permit the use of these third party cookies on the assumption that they comply with our Advertising Policy and we assist our advertisers with the placement of cookies or beacons on Brand Pages, we do not have control over these third parties' use of cookies or web beacons or how they manage the Non-Personal Information they gather through them and we may be unable to verify compliance with our Advertising Policy. Mobile Device Application. You must register with the Medscape Network to access the Apps which means that all information that we collect about your use of the Apps is Personal Information that we may use in the same manner as information about your use of the Sites as described in this Privacy Policy. If you do not want us to collect Personal Information about your use of our Apps, then please do not use our Apps. We do not obtain any information about your mobile device other than its brand, make and model and the type of operating software that it uses. Non-registered Users. You must register with the Medscape Network to access all of the Services, however, you may be able to access certain limited Services without registering. Even if you have not registered, we collect Non-Personal Information about your use of the Services through the use of cookies. The Non-Personal Information we collect includes the referring website, if applicable, the type of browser you use, the material viewed, and the time and date that you accessed the Services. Emails You Send to Us. This Privacy Policy does not apply to information, content, business information, ideas, concepts or inventions that you send to us by email or other non-Site communication. If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them to us in an email or other non-Site communication such as regular mail. Information from Third Party Sources. We may also collect additional information about members of the Medscape Network from third party sources to assist us in providing the Services. For example, we may use third party information to verify and update your registration information and to personalize the Services provided to you, including advertising. How We May Use Your Information In this section of our Privacy Policy, we discuss how we may use the Personal Information and Non-Personal Information that we collect about you. Communications. By registering for the Services, you are consenting to receive certain communications. Specifically, we may use your registration information to send you communications about our products and services and the products and services of our third party sponsors through pop-ups, banners and emails. You may also subscribe to receive certain email newsletters sent to registered users from time to time which you may manage through the newsletter subscriptions area within your account settings. Marketing and Advertising. In connect with advertising and marketing activities, WebMD may: Target advertising and marketing communications based on information that we collect about your use of the Services and information about you that we obtain from third party sources. For example, a user that WebMD believes is a cardiologist may be served cardiology-related advertisements on both WebMD-owned and third party websites that a user that WebMD believes is a neurologist will not see. Similarly, a user that WebMD believes is a healthcare professional that treats diabetes may be served advertisements for new diabetes therapies that other users would not see. WebMD serves these ads through the use of cookies and web beacons, as described above. WebMD may also geographically target advertising and marketing communications based on your Internet Protocol ("IP") address. Personalize the Services, including the content and advertising that registered users see within the Medscape Network, on third party sites and through other communications such as email, based on their interests. For example, you may see different articles and advertisements in different places on www.medscape.com and in emails that we send to you based on (i) information you have shared with WebMD such as your specialty; (ii) information that WebMD has obtained by observing your previous activity within the Medscape Network; or (iii) information that WebMD has received from third party sources, as described in this Privacy Policy. Work with third parties to allow advertisers to serve you ads within the Medscape Network using information that such advertisers have collected from third party sources. For example, if you looked at an advertisement for an automobile on a third party website you may receive an advertisement for that automobile on a Site through the use of cookies. Member Profiles. As described above, we use web beacons and cookies to track your use of the Services, including content consumption, and may associate this information with other information that we have about you, including Personal Information, thereby creating a profile of you that we may update from time to time ("Member Profile"). Research, Development and Evaluation Activities. We use information that we collect about users of our Services, including Personal Information, to evaluate and improve the effectiveness of the Services (including advertising and Sponsored Programs), to develop new Services and for market analysis. We may combine this information with information that we obtain from third parties. Account Management. We may use your account information to administer your account, respond to your inquiries you send to us and to send you administrative communications about the Services. Disclosure of Your Information to Third Parties Companies and People Who Work for Us: We each contract with other companies and individuals to help us provide the Services and to otherwise assist us in the operation of our businesses. For example, we may host one of our Sites on another company's computers, hire technical consultants to maintain our clinical tools, work with companies to analyze data, provide marketing assistance (including assisting us in targeting our advertisements as described herein) or to provide customer service or fulfillment services. In addition, if you are a healthcare professional, we may request that a third party validate your licensure status and other information against available databases of healthcare professionals. Notwithstanding anything to the contrary herein, we may provide these companies and individuals with Personal Information about users of our Services so that they can fulfill their responsibilities to us, however, we do require that they agree to limit their use of this Personal Information to the fulfillment of these responsibilities. Aggregated Information. We may provide aggregated information about users of our Services to third parties as we deem appropriate in our sole discretion. For example, WebMD may tell a customer what percentage of registered users of the Medscape Network reside in a particular geographical area or specialize in a particular clinical area, or what percentage of participants in a market research survey selected a particular response to a survey question. We may also use Personal Information to evaluate the performance of an advertising campaign and may provide aggregate outcomes information to the advertiser. Advertising and Sponsored Programs: We may provide your Personal Information to third party sponsors of advertisements and Sponsored Programs. Specifically, when you are exposed to an advertisement through the Services, whether on a Site, in a newsletter or through some other means, or when you engage in a Sponsored Program, e.g., access a sponsored information resource or open a Sponsored Program email from WebMD Professional, WebMD may provide your Personal Information, such as your name and specialty, but not your contact information such as email address and postal address, to the sponsor of the advertisement or Sponsored Program and/or its agents on the sponsor's behalf. We may also provide such third parties with details about your engagement with the advertisement or Sponsored Program (e.g., whether you viewed or otherwise interacted with certain content), your answers to any polling questions contained in the Sponsored Program that you have chosen to provide and information about you that we have received from third parties. Additionally, when you register as a member of the Medscape Network, we may provide your Personal Information, excluding contact information, to potential sponsors of advertisements and Sponsored Programs that may be offered or provided to you through the Services. We are not responsible for how these third parties use your information and manage your privacy. Member Profiles. WebMD may provide Member Profiles (excluding contact information, such as email address and postal address, and information about your participation in specific named CME and CE activities) to third parties, including our pharmaceutical manufacturer customers, which they may use for their business purposes including marketing. We require these third parties to agree that they will use Member Profiles in accordance with applicable laws and regulations. By registering as a member of the Medscape Network and using the Services, you consent to WebMD's disclosure of your Member Profiles to third parties as described herein. Market Research Surveys: If you receive remuneration for participating in a Sponsored Survey, we may be required to provide the sponsor (or the market research company acting on its behalf) with your Personal Information for the sponsor's recordkeeping and/or regulatory reporting purposes. If you chose to access a Sponsored Survey that is conducted by a third party market research company, we may identify you to this company through the survey link. Sometimes market research companies send us lists of individuals they wish to reach with particular Sponsored Surveys, and we may inform these companies which of these individuals are members of the Medscape Network so that they can manage their survey recruitment needs accordingly. Also, certain market research survey opportunities made available to you through the Services require the market research company to contact you directly to conduct the Sponsored Survey. We will inform you in the associated survey invitation that we intend to provide your contact information to the market research company that is conducting the Sponsored Survey so that you can decide at such time if you wish to proceed with the opportunity. We do not disclose your Sponsored Survey responses to the associated sponsor in a manner identifiable to you. Continuing Medical Education: We may share your Personal Information with the accreditors of our continuing education programs. Medscape is accredited by the Accreditation Council for Continuing Medical Education (ACCME), the American Nurses Credentialing Center and the Accreditation Council for Pharmacy Education to provide continuing education to physicians, nurses and pharmacists, respectively (collectively, "CME/CE"). As an accredited entity, Medscape is required to periodically submit Personal Information about CME/CE participants and the CME/ CE activities that Medscape certifies, as requested by the applicable accrediting entity. Medscape and WebMD Global LLC ("WebMD Global"), an affiliated company that also provides continuing medical education activities through the Medscape Network, may provide your Personal Information to other accredited providers who certify CME/CE offered through the Services as required by these other providers to process the credits that that you earn by completing the applicable CME/CE activity, to fulfill their reporting obligations to the ACCME and other accrediting bodies and as required for their internal recordkeeping purposes. Supporters of Medscape and WebMD Global's continuing medical education activities will receive only aggregated data about CME/CE activities that they support including participation and outcomes measurement. Logging in to Another Website Using Your Medscape Credentials: Certain third party websites permit you to log in using your Medscape username and password. If you choose to log in to one of these websites using your Medscape log in credentials, we may give this website information included in your registration profile including Personal Information such as your name, specialty, occupation and email address, (but not your Medscape username and password), which the operator of the website has agreed to use in accordance with its website's privacy policy. You should review the third party website's privacy policy before logging in. If the privacy policy of the third party site permits, we may receive information about your use of this third party site, which we may use in accordance with this Privacy Policy. Consent: We may disclose your Personal Information to a third party in a manner not addressed by this Privacy Policy subject to your consent. Business Transfers: If one of us transfers a business unit (such as a subsidiary) or an asset (such as a website) to another company, that company will be required to treat any Personal Information collected under this Privacy Policy consistent with the applicable terms of this Privacy Policy. Legal Requirements: We may release account and other Personal Information when we believe release (1) is required to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) is reasonable in response to a physical threat to you or others, to protect property or defend or assert legal rights of us or others. Security of Information We have implemented technology and security policies and other measures to protect the personal data that we have under our control from unauthorized access, improper use, alteration, unlawful or accidental destruction, and accidental loss. We also require that all of our employees and others who have access to or are associated with the processing of your data respect your confidentiality. We use security methods to determine the identity of registered users, so that appropriate rights and restrictions can be enforced for that user. Reliable verification of user identity is called authentication. We use both passwords and usernames to authenticate users. Users are responsible for maintaining the security of their Medscape login credentials. Access to Information and Choices Account Information. You may update your registration information at any time through the Account Management feature available on each of the Sites and Apps. You may also contact Customer Support at MedscapeCustomerSupport@webmd.net and request that your registration information be updated or deleted. Upon your request, we will delete your registration information from our active databases and where feasible, from our backup media. Note that if we delete your account, we may maintain certain demographic information about you for product improvement purposes. Cookies. Most browser software can be set to reject Cookies. Most browsers offer instructions on how to reset the browser to reject Cookies in the "Help" section of the toolbar. However, if you reject our cookies, your ability to access and use the Sites and Services will be limited. Certain Ad Servers allow you to prevent them from collecting data through the use of cookies. In order to do so, you must opt-out of such data collection with each individual site. Currently, you can opt out of cookies for several Ad Servers by visiting the Network Advertising Initiative gateway opt-out site. This website will also allow you to review the Ad Server's privacy policies. The Sites do not respond to web browser "do not track" signals. Email Communications. If you no longer wish to receive a particular type of email communication from WebMD or Medscape, you may unsubscribe by clicking the "unsubscribe" link located at the bottom of the email and following the instructions. Also, you may manage your newsletter subscriptions within the newsletter subscriptions area within your account settings. Note to Users Outside of the United States WebMD, Medscape and WebMD Global are located in the United States. We will collect, store, and process your information that we obtain from the use of the Services in the United States and these activities shall be governed by applicable United States laws and regulations and this Privacy Policy. The information may be available to the United States government or its agencies under legal process made in the United States. In addition, we may transfer your information outside the United States to service providers and customers with operations in other countries. By using the Services, you consent to such collection, storage and processing in the United States and elsewhere, though the United States and other jurisdictions may not afford the same level of data protection as considered adequate in your own country. We will take reasonable steps to protect your information. Children's Privacy The Medscape Network and the Services are designed and intended for use by adults, and are not intended for nor designed to be used by children under the age of 18. We do not collect Personal Information from any person we know is under the age of 18. Privacy Policy Changes We reserve the right to modify this Privacy Policy at any time and any changes will be effective upon posting of the modified Policy unless we advise otherwise. If we make any material changes to this Policy we will notify you by email (sent to the email address included in your account profile) and/or by means of a notice on the Medscape Network at the time that the change becoming effective. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices. If you do not accept the terms of this Privacy Policy, we ask that you do not register with us and that you do not use the Services. By continuing to use the Services after changes are made to this Privacy Policy, you are consenting to such changes. Privacy Questions or Concerns For privacy questions or concerns about one of our Web sites or Services, please contact MedscapePrivacy@webmd.net. Terms of Use The Medscape Terms of Use can be found at http://www.medscape.com/public/termsofuse. Effective date: August 10, 2016 National Computational Infrastructure High Performance Computing Conditions of Use Associated with each of NCI’s access schemes are certain requirements, expectations, policies and conditions of use that must be observed or adhered to, together with relevant legislation of the Commonwealth of Australia. Access Restrictions Under Australian Government Legislation Access to NCI facilities may be restricted under the international sanctions treaties, the Autonomous Sanctions Act (2011, Cth) and the Defence Trade Controls Act (2012, Cth). Sanctions Australian sanction laws implement the United Nations Security Council (UNSC) sanctions regime and the Australian autonomous sanctions regime. These laws restrict financial transactions and prohibit the supply of military or strategic goods and services (including technology transfer, technical assistance or advice and dual use goods) to a sanctioned country or designated person. Countries sanctioned under the Autonomous Sanctions legislation are listed on the Department of Foreign Affairs website. Where access to NCI infrastructure and services is proposed for a foreign national from a Sanctioned Country, the institution at which the person is a staff member, student or affiliate must provide a certification, signed by a responsible officer, that the use of NCI facilities in support of the project is not in breach of Australian sanctions legislation. Download the NCI Sanctions Declaration Form Restrictions under the Defence Trade Controls Act The Defence Trade Controls Act (DTCA) strengthens Australia’s existing export controls, through the identification and regulation of sensitive military and dual-use technologies (listed in the Defence and Strategic Goods List, DSGL), and also implements the Australia-US Defence Trade Cooperation Treaty. The DSGL includes reference to supercomputing technology of the scale of that which is operated by NCI. While the DTCA has been in force since 2013, the conditions requiring permits to be obtained, against the possibility of criminal sanctions, are due to come into force, on present indications, from May 2015. The complexities of the DTCA are myriad and so the leaders of projects using NCI resources—through partner shares, the open-access merit allocation scheme (NCMAS), the NCI Flagship Scheme, and the Commercial/Industry Access Scheme—will need to make enquiries from their DTCA compliance officer as to how their research usage and research collaborations may be affected. Research that involves international collaborators, especially where those collaborators will be seeking to log into the supercomputer from overseas, may require a permit. Accordingly, Project Leaders will be required to identify if their project requires a DTCA permit, and certify this information in project application forms so that appropriate controls on the use of the NCI infrastructure may be devised. The responsibility for seeking this advice, and declaring it, rests with the applicant’s employing organisation and not with ANU, as the host of NCI. Acceptable Use General ANU IT Usage Requirements All users of NCI infrastructure and services must comply with the relevant aspects of the Australian National University Acceptable Use of Information Technology Policy, as detailed below. Use ANU/NCI IT and the ANU Internet Information Services (IIS) within the directions, limits and obligations of ANU Statutes and Rules, and maintain an appropriate level of awareness and compliance with University Policies and Procedures; Not intentionally attempt to breach IIS security to access information or other parts of the IIS that are outside their authority; Not use another person’s credentials, or masquerade as, or represent, another user; Not use ANU/NCI IT or the ANU IIS to harass, threaten, defame, libel, or illegally discriminate, as defined in relevant legislation including the Discrimination and Telecommunications Acts; Not create, transmit, access, solicit, or knowingly display or store electronic material that is offensive, disrespectful or discriminatory as identified under the ANU Code of Conduct: Respect and fair treatment of people; clauses 18 and 19; Use software within the conditions of use specified in the software licence or within any licence agreement between the ANU/NCI and a software vendor; Not modify or remove ANU/NCI information without authority to do so; Not breach the confidentiality of others, or ANU/NCI, and the confidential information of others or the ANU/NCI. Information is considered confidential, whether protected by the computer operating system or not, unless the owner intentionally makes that information available; Not damage or destroy IT equipment used to access the ANU IIS, or any part thereof. NCI Additional Requirements In addition to the ANU Conditions of Use, NCI requires that: NCI facilities and resources are to be used only for activities that are related directly to approved projects; Users must never disclose or share their password or credentials with anyone, including fellow project members, or NCI staff; Project Leaders must notify NCI at user.admin@nci.org.au should the status of any registered user associated with their project change; Users must notify NCI at user.admin@nci.org.au should their status (e.g., as an employee or student) change, or their contact details change; Users must hold NCI blameless in the event of a loss of data, unauthorised access, or unanticipated downtime of the facilities. Use of Project Allocations Project leaders and research users must be aware that the grants awarded are entitlements to use a resource share. Accordingly, while every effort is made to support projects that are granted allocations, it is not possible to guarantee full utilisation due to a combination of scheduling, networking and other capacity issues. Project leaders and research users who have large resources allocations need to be aware that such allocations will need to be actively administered so that the grant is consistently, and uniformly, used throughout each quarterly allocation period. If this is not done, it may compromise both the use of the relevant access share (e.g., partner share, NCMAS, etc.) from which the allocation has been granted, and the optimal utilisation of the facility as a whole. Resources allocated should be used in as efficient a manner as possible to ensure the effectiveness of the entire facility. Accordingly, users should: Request only the physical resources that reasonably reflect the needs of their jobs; Be aware that system administrators closely monitor the use of facilities and can identify inefficient practices. In cases where the usage is entirely contrary to the efficiency and effectiveness of the facility, this will be drawn to the attention of the user(s), together with suggestions and a request that their practices be rectified. Where these requests and/or suggestions go unheeded, NCI, at its discretion, may suspend access to the computational resources. Data Retention NCI provides: Home directories (/home) on its peak and cloud systems—which are backed-up on tape on a nightly basis; Scratch storage on its supercomputer system (/short), which is a temporary (input and output) working storage on which files may be retained for the duration of active work, or for a period of up to 6 months (subject to change)—but which is not backed-up; Project storage for the long-term retention of data on its high-performance persistent disk store, and/or on tape; Tape archive (/massdata), on which dual copies are typically written. Data on scratch storage cannot be held there indefinitely. Such data which is required for subsequent use should be transferred to either project storage or the tape archive within the NCI environment, or offsite. Project leaders and research users with large-scale data and storage requirements must establish a data management plan, in consultation with the NCI support team, and have access to a share that can provide the necessary storage. NCI staff will work with the project team to provide a solution that is effective for the project, which is efficient for NCI, and which maximises the security of the data to within the limits of the resources available. While NCI will make every effort to ensure the security of your data, it is unable to provide absolute guarantees to this effect. Reporting The NCI infrastructure is provided by the Australian Government through its National Collaborative Research Infrastructure Strategy. Accordingly, NCI is required to report on the usage of the facility, and on the impact of outcomes arising from its use. Project leaders and users must therefore understand that their research usage of the facility comes with obligations to complete reasonable reporting requirements (e.g., progress reports, provision of publication data, etc.). Acknowledgement of NCI in publications It is a condition of use that use of the NCI facilities be acknowledged in publications. An acceptable form of words is: This research was undertaken with the assistance of resources from the National Computational Infrastructure (NCI), which is supported by the Australian Government. Where NCI staff have made a significant contribution to the conduct of the research, it is appropriate that they be acknowledged as a co-author of the publication. In this case, the relevant institutional affiliation should be recorded as National Computational Infrastructure, Australian National University, Canberra ACT 2601, Australia. Value of Resources University researchers may wish to quote the value of resources allocated on NCI facilities as an in-kind contribution in grant applications to the national research councils, i.e., the Australian Research Council and the National Health and Medical Research Council. The current value of the computational resources for academic usage is set at $0.04 per core hour (excl. GST). Storage provision can be costed separately and it is suggested that researchers contact NCI at help@nci.org.au for an estimate. Off-Net Transfers Where possible, users are expected to access the NCI facilities via AARNet (referred to as “on-net” access), or through an internet service provider (ISP) that peers with AARNet. While data transfers to or from facilities which are “on-net” do not incur additional charges, transfers into NCI from facilities which are “off-net” incur a charge of approximately $5.50 per gigabyte. Accordingly, NCI: Will cover the AARNet charges which it incurs, although projects must pay for any communications charges billed directly to them by AARNet, or any other communications organisations; Reserves the right to charge users the cost of excessive off-net data traffic as a condition of access to the facilities. NB: You can query the off- versus on-net status of an IP address on this AARNet webpage. Accessing Assistance NCI User Services provides a Help Desk (help@nci.org.au) to assist users in the conduct of their work, and the use of the NCI systems. It is accepted practice that users will consult the User Guide and FAQs before contacting the Help Desk, in order to reduce the workload generated by otherwise unnecessary queries. Conditions of Use for Endnote version X7 for Mac OSX - a copy of these Conditions of Use will be automatically emailed to your email address as indicated above: Conditions of Use at UQ 1. The software may be used only while the user is an eligible member of The University of Queensland i.e. a staff or student member of the University. The licence to use the software under this agreement will terminate when you are no longer a staff member or student of the University of Queensland. 2. The software may be used only during the term of the licence agreement. The current licence expires on 24-September-2017 and use of the software and documentation will be discontinued at that time and removed from computers if another agreement has not been entered into. 3. The software may be used at the University of Queensland or at your principal residence but is limited to use related to course work, research or other work directly related to your relationship with the University of Queensland. 4. The software cannot be sold, lent, or given to anyone except eligible members of the University of Queensland. Eligible Members of the University of Queensland are: *Staff currently employed by the University of Queensland *Postgraduate and Undergraduate students currently enrolled in programs at the University of Queensland *The licence permits use by any employee of Queensland Health or Mater Health who also holds a clinical or adjunct title with the University of Queensland. Recently, the Library successfully negotiated an extension to this licence which also permits authorised users to install and use a copy of the software on a single computer owned/operated by Queensland Health or Mater Health for the purposes of their UQ related work or research. If you leave the University of Queensland you may not continue to use the software. If you wish to continue using the software you can make further enquiries to the Australian distributors, Crandon Services Pty.Ltd. Apple Media Services Terms and Conditions These terms and conditions create a contract between you and Apple (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.” The following terms and conditions are subject to consumer protection laws, including the Australian Consumer Law, which may limit the ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be modified, restricted or excluded (except to a limited extent). Any disclaimer of warranties and liability limitations applies subject to any rights you may have under such laws. A. INTRODUCTION TO OUR SERVICES This Agreement governs your use of Apple’s services (“Services”), through which you can buy, get, license, rent or subscribe to media, apps (“Apps”), and other in-app services (“Content”). Our Services are: iTunes Store, App Store, iBooks Store, Apple Music, and Apple News. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors. B. USING OUR SERVICES PAYMENTS, TAXES, AND REFUNDS You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Apple, and/or you and the entity providing the Content on our Services. However, if you are a customer of iTunes S.à.r.l. and you acquire an App or a book, iTunes S.à.r.l. is the merchant of record; this means that you acquire the Content from iTunes S.à.r.l., and it is licensed by the App Provider (as defined below) or book publisher. When you make your first Transaction, we will ask you to choose how frequently we should ask for your password for future Transactions. If you enable Touch ID for Transactions, we will ask you to authenticate all Transactions with your fingerprint. Manage your password settings at any time by following these instructions: https://support.apple.com/en-us/HT204030. Apple will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability). For details about how Transactions are billed, please visit http://support.apple.com/kb/HT5582. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Apple, to the full extent permitted by law. Your statutory rights are not affected. From time to time, Apple may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Apple to a corresponding counterclaim. Terms related to gift cards/codes are available here: http://www.apple.com/legal/internet-services/itunes/giftcards/. APPLE ID Using our Services and accessing your Content requires an Apple ID. An Apple ID is the account you use across Apple’s ecosystem. Your Apple ID is valuable, and you are responsible for maintaining its confidentiality and security. Apple is not responsible for any losses arising from the unauthorized use of your Apple ID. Please contact Apple if you suspect that your Apple ID has been compromised. You must be age 13 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create an Apple ID and use our Services. Apple IDs for persons under this age can be created by a parent or legal guardian using Family Sharing or by an approved educational institution. PRIVACY Your use of our Services is subject to Apple’s Privacy Policy, which is available at http://www.apple.com/legal/privacy/. SERVICES AND CONTENT USAGE RULES Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Apple may monitor your use of the Services and Content to ensure that you are following these Usage Rules. The Usage Rules do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. All Services: - You may use the Services and Content only for personal, noncommercial purposes (except as set forth in the App Store Content section below). - Apple’s delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners. - You can use Content from up to five different Apple IDs on each device. - It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly. - You may not tamper with or circumvent any security technology included with the Services. - You may access our Services only using Apple’s software, and may not modify or use modified versions of such software. - Video Content requires an HDCP connection. iTunes Store Content: - You can use Digital Rights Management (DRM)-free Content on a reasonable number of compatible devices that you own or control. DRM-protected Content can be used on up to five computers and any number of devices that you sync to from those computers. - Content rentals are viewable on a single device at a time, and must be played within 30 days, and completed within 24 to 48 hours of the start of play depending on the Content offered on the Services in your Home Country (stopping, pausing or restarting does not extend this period). - You may burn an audio playlist to CD for listening purposes up to seven times (this limitation does not apply to DRM-free Content). App Store Content: - The term “App” includes apps, iMessage and Apple Watch apps, in-app purchases, extensions (such as keyboards), stickers, and subscriptions made available in an app. - You can use Apps on any device that you own or control. - Individuals acting on behalf of a commercial enterprise, governmental organization or educational institution (an “Enterprise”) may download and sync Apps for use by either (i) a single individual on one or more devices owned or controlled by an Enterprise; or (ii) multiple individuals on a single shared device owned or controlled by an Enterprise. For the sake of clarity, each device used serially or collectively by multiple users requires a separate license. iBooks Store Content: - You can use DRM-free Content on any compatible device that you own or control. DRM-protected Content can be used on up to five computers and any number of devices that you sync to from those computers. - You may not burn iBooks Store Content to disk. Apple Music: - You can use an Individual Apple Music membership on up to 10 devices (only five of which can be computers). - An Individual Apple Music membership allows you to stream on a single device at a time; a Family membership allows you or your Family members to stream on up to six devices at a time. REDOWNLOADS You may be able to redownload previously acquired Content (“Redownload”) to your devices that are signed in with the same Apple ID (“Associated Devices”). You can see Content types available for Redownload in your Home Country at https://support.apple.com/en-us/HT204632. Content may not be available for Redownload if that Content is no longer offered on our Services. Associated Devices Rules: You can have 10 devices (but only a maximum of 5 computers) signed in with your Apple ID at one time. Each computer must also be authorized using the same Apple ID (to learn more about authorization of computers, visit https://support.apple.com/en-us/HT201251). Devices can be associated with a different Apple ID once every 90 days. SUBSCRIPTIONS The Services and certain Apps may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends. CONTENT AND SERVICE AVAILABILITY Terms found in this Agreement that relate to Services, Content types, features or functionality not available in your Home Country are not applicable to you unless and until they become available to you. To see the Content types available to you in your Home Country, go to the Services or visit https://support.apple.com/en-us/HT204411. NON-APPLE DEVICES If you use our Services on a non-Apple-branded device, you may not be able to access all features or Content types. Terms in this Agreement relating to unavailable features or Content types are not applicable to you. If you later choose to access our Services from an Apple-branded device, you agree that all terms of this Agreement will apply to your use on such device. C. YOUR SUBMISSIONS TO OUR SERVICES Our Services may allow you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please use the Report a Concern feature. You hereby grant Apple a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing. Apple may monitor and at any time decide to remove or edit any submitted material that, in the reasonable opinion of Apple, does not comply with the Submissions Guidelines. Submissions Guidelines: You may not use the Services to: - post any materials that you do not have permission, right or license to use; - post objectionable, offensive, unlawful, deceptive or harmful content; - post personal, private or confidential information belonging to others; - request personal information from a minor; - impersonate or misrepresent your affiliation with another person, or entity; - post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements; - plan or engage in any illegal, fraudulent, or manipulative activity. D. FAMILY SHARING Family Sharing allows you to share eligible Content with up to six members of a Family. The organizer of a Family invites other members to participate, and agrees to pay for all Transactions initiated by Family members (the “Organizer”). The Organizer must be 18 years or older and the parent or legal guardian of any Family member under age 13 or the equivalent minimum age in their Home Country (as set forth in the registration process). Apple devices are required for access to all of the Family Sharing features. The Organizer's payment method is used to pay for any Transaction initiated by a Family member (except when the Family member’s account has store credit, which is always used first). Family members are acting as agents for the Organizer when the Organizer’s payment method is used. The Organizer hereby agrees (1) to pay for such Transactions, and (2) that Transactions initiated by Family members are authorized. Organizers are responsible for complying with their payment method contract, and assume all risk related to sharing access to the payment method with Family members. A receipt or invoice for any Family member Transaction is sent to the initiating Family member and the Organizer. Ask to Buy: Ask to Buy is a convenient feature that allows an Organizer to approve each Transaction initiated by a Family member under age 18 (or the equivalent age of majority in your Home Country). The Organizer must be the parent or legal guardian of any Family member for whom Ask to Buy is activated. Products downloaded from Family members or acquired via redemption codes are not subject to Ask to Buy. Family Member changes: When a Family member leaves or is removed from the Family, the remaining Family members may no longer be able to access the former member’s Content, including Content acquired with the Organizer’s payment method. Family Sharing Rules: You can only belong to one Family at a time, and may join any Family no more than twice per year. You can change the Apple ID you associate with a Family no more than once every 90 days. All Family members must share the same Home Country. Not all Content, including In-App Purchases, subscriptions, and some previously acquired Apps, are eligible for Family Sharing. E. RECOMMENDATION FEATURES The Services will recommend Content to you based on your downloads, purchases and other activities. You may opt out from receiving such recommendations in your account settings. Some recommendation features may require your permission before they are turned on. If you turn on these features, you will be asked to give Apple permission to collect and store certain data, including but not limited to data about your device activity, location, and usage. Please carefully read the information presented when you turn on these features. F. ADDITIONAL ITUNES STORE TERMS SEASON PASS AND MULTI-PASS A Pass allows you to purchase and receive television Content as it becomes available. A Season Pass applies to television Content that has a limited number of episodes per season; a Multi-Pass applies to television Content that is available on an ongoing basis. The full price of a Season Pass or Multi-Pass is charged at the time of the Transaction. Season Pass or Multi-Pass Content is available for download up to 90 days after the last episode becomes available. If automatic renewal is selected when you obtain a Multi-Pass, you will be charged the full price of each subsequent Multi-Pass cycle. You can turn off automatic renewal prior to the beginning of the next Multi-Pass cycle in your account settings. If a Content provider delivers to Apple fewer TV episodes than planned when you purchased a Season Pass, we will credit to your Apple ID the retail value of the corresponding number of episodes that were not provided to Apple. G. ADDITIONAL APP STORE TERMS LICENSE OF APP STORE CONTENT App licenses are provided to you by Apple or a third party developer (“App Provider”). If you are a customer of iTunes S.à.r.l., the merchant of record is iTunes S.à.r.l., which means that you acquire the App license from iTunes S.à.r.l., but the App is licensed by the App Provider. An App licensed by Apple is an “Apple App;” an App licensed by an App Provider is a “Third Party App.” Apple acts as an agent for App Providers in providing the App Store and is not a party to the sales contract or user agreement between you and the App Provider. Any App that you acquire is governed by the Licensed Application End User License Agreement (“Standard EULA”) set forth below, unless Apple or the App Provider provides an overriding custom license agreement (“Custom EULA”). To the full extent permitted by law, the App Provider of any Third Party App is solely responsible for its content, warranties, and claims that you may have related to the Third Party App. You acknowledge and agree that Apple is a third-party beneficiary of the Standard EULA or Custom EULA applicable to each Third Party App and may therefore enforce such agreement. Certain Apps, such as stickers and iMessage apps, may not appear on the device springboard but can be accessed and used in the Messages app drawer. IN-APP PURCHASES Apps may offer content, services or functionality for use within such Apps (“In-App Purchases”). In-App Purchases that are consumed during the use of the App (for example, virtual gems) cannot be transferred among devices and can be downloaded only once. You must authenticate your account before making In-App Purchases – separate from any authentication to obtain other Content – by entering your password or using Touch ID. You will be able to make additional In-App Purchases for fifteen minutes without re-authenticating unless you’ve asked us to require a password for every purchase or have enabled Touch ID. You can turn off the ability to make In-App Purchases by following these instructions: https://support.apple.com/en-us/HT201304. APP MAINTENANCE AND SUPPORT Apple is responsible for providing maintenance and support for Apple Apps only, or as required under applicable law. App Providers are responsible for providing maintenance and support for Third Party Apps. LICENSED APPLICATION END USER LICENSE AGREEMENT Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA. a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services, to the full extent permitted by law. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and, to the full extent permitted by law, is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION 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. CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF LICENSOR IS LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH LICENSOR IS ENTITLED TO DO SO, LICENSOR LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT LICENSOR'S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT LICENSOR'S OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. f. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010(CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY. IF LICENSOR IS LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH LICENSOR IS ENTITLED TO DO SO, LICENSOR LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT LICENSOR'S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT LICENSOR'S OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. In no event shall Licensor’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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application 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 Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, 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 these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. h. The Licensed Application 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. i. 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. If your Home Country is Australia, the governing law and forum shall be the laws and courts of New South Wales, Australia. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. H. ADDITIONAL IBOOKS STORE TERMS You acquire iBooks Store Content from the third-party provider of such Content (the “Publisher”), not Apple. Apple acts as an agent for the Publisher in providing iBooks Store Content to you, and therefore Apple is not a party to the Transaction between you and the Publisher. If you are a customer of iTunes S.à.r.l., the merchant of record is iTunes S.à.r.l., which means that you acquire a license to use the Content from iTunes S.à.r.l., but the Content is licensed by the Publisher. The Publisher of the iBooks Store Content reserves the right to enforce the terms of use relating to such iBooks Store Content. The Publisher of the iBooks Store Content is solely responsible for such Content, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to such Content. I. ADDITIONAL APPLE MUSIC TERMS APPLE MUSIC MEMBERSHIP Apple Music is a subscription music service. Your Apple Music membership will automatically renew until you turn off automatic renewal in account settings. See the “Subscriptions” section for more details. When your Apple Music membership ends, you will lose access to any feature of Apple Music that requires a membership, including but not limited to access to Apple Music songs stored on your device, and iCloud Music Library. Apple reserves the right to cancel your Apple Music membership if we are unable to successfully charge your payment method to renew your membership. Where available, you may be offered an Apple Music membership through your wireless carrier (a “Carrier Membership”). If you purchase a Carrier Membership, your carrier will bill you for the cost of your Apple Music membership. Your billing relationship with the carrier is governed by the carrier’s terms and conditions, not this Agreement, and any billing disputes related to a Carrier Membership must be directed to your carrier, not Apple. By using Apple Music, you agree that your carrier may exchange your carrier account information, telephone number and subscription information with Apple, and that Apple may use this information to determine the status of your Carrier Membership. ICLOUD MUSIC LIBRARY iCloud Music Library is an Apple Music feature that allows you to access your matched or uploaded songs, playlists and music videos acquired from Apple Music, the iTunes Store or a third party (“iCloud Music Library Content”) on your Apple Music-enabled devices. iCloud Music Library is turned on automatically when you set up your Apple Music membership. iCloud Music Library collects information about your iCloud Music Library Content. This information is associated with your Apple ID, and compared to iCloud Music Library Content currently available on Apple Music. iCloud Music Library Content that is not matched is uploaded to Apple’s iCloud Music Library servers (in a format determined by Apple). You can upload up to 100,000 songs. Songs acquired from the iTunes Store or Apple Music do not count against this limit. Songs that do not meet certain criteria (for example, excessively large files) or that are not authorized for your device are not eligible for iCloud Music Library. When you use iCloud Music Library, Apple logs information such as the tracks you play, stop or skip, the devices you use, and the time and duration of playback. You agree to use iCloud Music Library only for lawfully acquired content. iCloud Music Library is provided on an “AS IS” basis and could contain errors or inaccuracies. You should back up your data and information prior to using iCloud Music Library. If you are not an Apple Music member, you may purchase an iTunes Match subscription, which is subject to the terms set forth in this section. J. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES DEFINITION OF APPLE Depending on your Home Country, “Apple” means: Apple Inc., located at 1 Infinite Loop, Cupertino, California, for users in North, Central, and South America (including Canada for use of iTunes Store and Apple Music), 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 of App Store and iBooks Store 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 ABN 46 002 510 054, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia, New Zealand, including island possessions, territories, and affiliated jurisdictions; and iTunes S.à.r.l., located at 31-33 rue Sainte Zithe, L-2763 Luxembourg, and as of 25 September 2016, Apple Distribution International, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other users. CONTRACT CHANGES Apple reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately on notice to you and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof. THIRD-PARTY MATERIALS Apple is not responsible or liable for third party materials included within or linked from the Content or the Services. INTELLECTUAL PROPERTY You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain 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 Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. The Apple name, the Apple logo, iTunes, iTunes Store, App Store, iBooks Store, Apple Music, and other Apple trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Apple in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks. COPYRIGHT NOTICE If you believe that any Content available through the Services infringe a copyright claimed by you, please contact Apple at the following locations: - iTunes Store: http://www.apple.com/legal/internet-services/itunes/itunesstorenotices/ - App Store: https://www.apple.com/legal/internet-services/itunes/appstorenotices/ - iBooks Store: iBooks.Store.Notices@apple.com - Apple Music: http://www.apple.com/legal/trademark/claimsofcopyright.html TERMINATION AND SUSPENSION OF SERVICES If you fail, or Apple suspects on reasonable grounds that you have failed, to comply with any of the provisions of this Agreement, Apple may, without notice to you: (i) terminate this Agreement and/or your Apple ID, and you will remain liable for all amounts due under your Apple ID up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services. Apple further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you and, to the full extent permitted by law, Apple will not be liable to you or to any third party should it exercise such rights. Termination will not affect the products that you have already acquired. However, you may be unable to authorize additional computers to use such products. You may cease to use the Service at any time. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF APPLE IS LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH APPLE IS ENTITLED TO DO SO, APPLE LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT APPLE’S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT APPLE’S OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT APPLE'S LEGITIMATE INTERESTS. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) 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 ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE. 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 OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, 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 POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW. APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE APPLE FROM 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 SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE APPLE FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. APPLE IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING FILES OVER A DATA CONNECTION. WAIVER AND INDEMNITY BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, 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 MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, 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. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT 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 SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S REASONABLE 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. STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law. GOVERNING LAW Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple, and all Transactions on the Services 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. If your Home Country is Australia, the governing law and forum shall be the laws and courts of New South Wales, Australia. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. OTHER PROVISIONS This Agreement constitutes the entire agreement between you and Apple and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Apple. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program. 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. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary this Agreement. Apple may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Apple may also contact you by email or push notification to send you additional information about the Services. You hereby grant Apple 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 data and/or 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 Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights). Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it. Last Updated: September 13, 2016 Qantas Red e-Deal conditions Travel Class Economy Booking Changes Changes can be made online at qantas.com/yourbooking, otherwise call 13 13 13. Exception: For changes to combined Qantas and Jetstar multi-city bookings call 13 13 13. Changes before the day of scheduled departure: Your original fare may be used as credit towards a new fare of equal or higher value, provided the new fare conditions are met. For changes made over the phone, you must pay the service feeThis will open a new tab or window in your browser. applicable as at the date of change. At the time of making the change you must pay: the change feeThis will open a new tab or window in your browser. applicable any fare difference between the fare for your new booking and the original fare. Once your booking is made the current change fee and service fee can be viewed anytime at qantas.com/your booking. Your new booking must be for travel anywhere on the Qantas network within 12 months of the date that the original ticket was issued. However, you cannot re-book and travel on the same day. The original ticket value is non-refundable and remains non-refundable at all times. Changes on the day of scheduled departure: Not permitted. Loss of fare. Name Changes Not permitted Cancellations (including no show) Before the day of scheduled departure: Re-booking - see 'Booking Changes' above. Ticket value can be used towards payment for a new booking of equal or higher value for travel anywhere on the Qantas network within 12 months of the date that the original ticket was issued. However, you cannot re-book and travel on the same day. This credit must be used within 12 months of the date the original ticket was issued. Any credit is the Australian dollar price. No refund. On the day of scheduled departure (including no show): Not permitted. Loss of fare. The original ticket value is non-refundable and remains non-refundable at all times. Note:If this fare is booked as part of Domestic Economy Companion Offer, Domestic Companion Sale, the fare is non-refundable, two or more passengers must be booked and travel together, child discounts do not apply. Children / Infants Infants (under 2 years) without a seat travel free of charge. Infants must be accompanied, with a maximum of one infant per adult travelling. Child discounts do not apply. Qantas Frequent Flyer Qantas Points and Status credits may be earned on this fare. You may request Classic Upgrade Rewards on this fare. However, Classic Upgrade Rewards can only be redeemed on flights that are operated by Qantas with a QF flight number. This fare is classed as Discount Economy for the purposes of calculating how many Qantas Points and Status credits you earn, or how many Qantas Points you need to redeem a Classic Upgrade Reward. When points are earned on this fare, Minimum Points GuaranteeThis will open a new tab or window in your browser. applies. Other Information For bookings made through Qantas Telephone Sales and Airports, a booking feeThis will open a new tab or window in your browser. applies. Note: If this fare is booked as part of the Domestic Economy Companion Offer, Domestic Companion Sale, the fare is non-refundable, two or more passengers must be booked and travel together, child discounts do not apply. From 01 December 2015, Qantas will cease placing the QF code on Alliance Airlines flights between Olympic Dam and Adelaide. Customers flying on this route will travel as Alliance Airlines passengers under the QQ code and not as Qantas passengers Qantas conditions of carriage Conditions of Carriage 1. Definitions of Expressions Used 2. When These Conditions Of Carriage Apply 3. General 4. Reservations 5. Fares 6. Tickets 7. Baggage 8. Check In 9. Schedules, Late or Cancelled Flights 10. Refusal of Carriage and Denied Boarding 11. Conduct During Flight 12. After the Flight 13. Refunds 14. Refusal of Entry and Fines 15. Application of Convention and Laws 16. Liability 17. Claims by You 18. Our Name and Address 19. European Community list of air carriers subject to an operating ban within the Community 20. European Community Regulations 1. Definitions of Expressions Used Term Definition Airline Designator Code means the two or three characters or three letters which identify particular Carriers Authorised Agent means a licensed passenger sales agent who represents us in the sale of air passenger transportation on our services Baggage means your personal property accompanying you on your trip. It consists of both your Checked Baggage and Cabin Baggage Baggage Allowance means the amount of Cabin Baggage and Checked Baggage you may carry without additional charge for travel on our services (see 7.1) Baggage Identification Tag means the Carrier's tag attached to each item of Checked Baggage for the purpose of identifying the Checked Baggage Boarding Pass means the document (in paper or electronic form) that is issued to you as evidence that you have checked-in for a flight Cabin Baggage (sometimes referred to as carry-on or unchecked baggage) means any of your Baggage you take with you into the cabin of the aircraft Carrier means an air carrier Checked Baggage means that part of your Baggage that you do not take into the cabin of the aircraft with you Check-In Deadline means the time limit specified by the Carrier by which you must have completed check-in and received your Boarding Pass Codeshare means a flight where the Airline Designator Code in the flight number is not the Airline Designator Code of the Carrier operating the aircraft Conditions of Carriage means these Conditions of Carriage and includes the conditions of contract or key conditions of carriage set out in your Ticket Convention means whichever of the following apply: the Montreal Convention (1999) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention) the Warsaw Convention as amended at The Hague on 28 September 1955 the Warsaw Convention as amended at The Hague and by Additional Protocol No. 1, 2 or 4 of Montreal (1975) the Guadalajara Supplementary Convention (1961) any other applicable protocols or conventions and any enabling legislation. Day means a full calendar day. For the purpose of notification, the day upon which the notice is dispatched is not counted. For the purpose of Ticket validity, the day on which the Ticket is issued is not counted Domestic Carriage means travel between points within the same country and there is no Transit, Stopover or Transfer outside that country Electronic Ticket means the electronic record of your Ticket made by us or an Authorised Agent, which is held in our reservations system Event Beyond Our Control means an unusual and unforeseen circumstance which we cannot control and the consequences of which we could not have avoided Event Beyond Your Control means an unusual and unforeseen circumstance which you cannot control and the consequences of which you could not have avoided Excess Baggage means any Checked Baggage in excess of the applicable Baggage Allowance for Checked Baggage Flight Coupon means a part of the Ticket that indicates the departure and arrival points for a single journey or each leg of a journey International Carriage means travel between two or more countries including any flights within those countries where they are combined with any international flights Passenger means a person with a Ticket who is carried or is to be carried on an aircraft, except members of the operating crew Qantas, we, us, our, ourselves means Qantas Airways Limited (ABN 16 009 661 901) and Qantas' regional airlines operating in Australia under the QantasLink brand and trans Tasman flights (or such other flights from time to time) operated by Jetconnect Limited, unless otherwise specified. These Conditions of Carriage do not apply to Jetstar services. Qantas Frequent Flyer Award means a Ticket issued in exchange for the redemption of Qantas points in accordance with the Qantas Frequent Flyer Program Terms and Conditions Special Drawing Rights (or SDRs) means the composite unit of currency that is the official unit of exchange of the International Monetary Fund. (As a rough guide, 1 SDR equates to approximately AU$1.55 or NZ$1.95, but this will fluctuate depending on exchange rates.) Stopover means a deliberate interruption of a journey by the Passenger for more than 24 hours, at a point between the place of departure and the destination, which is shown on the Passenger’s Ticket Tariff means the fares, fare rules, charges or Conditions of Carriage that we file with airline global distribution systems, in our own reservations system, or in certain instances, with government authorities Ticket means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket issued by us or an Authorised Agent on behalf of us and includes all printed terms, conditions and notices Transfer means a change from one service to another service with the same or a different Carrier Transit means a scheduled stop by the Passenger en-route to a destination, for less than 24 hours, at a point between the place of departure and the destination you, your, yourself the Passenger Back to list 2. When These Conditions Of Carriage Apply 2.1 Application of Conditions of Carriage Except as provided in 2.4 (Overriding Law), 2.5 (Reading Down) and 2.8 (Charter Operations), these Conditions of Carriage apply to travel on our flights or flight segments, where 'Qantas' or our Airline Designator Code 'QF' is shown as the Carrier on your Ticket, and in any case where we have a legal liability to you in relation to your flight. 2.2 Gratuitous or Reduced Fare Carriage These Conditions of Carriage apply to Qantas Frequent Flyer Award travel and to gratuitous and reduced fare carriage, except to the extent that we have told you otherwise. 2.3 Basis of Carriage The carriage of a Passenger on any flight by Qantas under the QF Airline Designator Code is, without exception, subject to: these Conditions of Carriage any applicable Tariffs filed by us with regulatory bodies the Convention and any other applicable laws any specific directions given to a Passenger in writing or orally by our staff, and the fare rules or Qantas Frequent Flyer Award redemption rules, as applicable. 2.4 Overriding Law These Conditions of Carriage do not apply to the extent that they are inconsistent with laws that apply to your carriage. In respect of any goods or services we may provide other than carriage, certain statutory guarantees or warranties may apply for the benefit of consumers. For example, for consumers, services may come with a non-excludable guarantee or warranty that they will be provided with due care and skill. The nature and application of these guarantees or warranties will depend on the relevant jurisdiction. Nothing in these Conditions of Carriage is intended to exclude or restrict the application of such consumer laws. In respect of goods or services acquired for business purposes and not as a consumer: (a) consumer guarantees and warranties, including under the Competition and Consumer Act 2010 (Cth), a Fair Trading Act or the New Zealand Consumer Guarantees Act 1993 (NZ), will not apply where these Conditions of Carriage apply, provided that the relevant terms may by law be excluded; and (b) if a statute or other law provides a guarantee or warranty that cannot be excluded, to the extent permitted by law our liability for a breach of the guarantee or warranty will be limited to either supplying the goods or services again or paying the cost of having them supplied again, as determined by us. 2.5 Reading Down If any of these Conditions of Carriage is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Conditions of Carriage and the other conditions will remain valid. 2.6 Cannot Vary No Qantas employee or other person is authorised to vary any of these Conditions of Carriage. However, this does not affect our right to waive any fare rule or amount payable. A waiver on one occasion does not constitute a waiver on any other occasion. 2.7 Conditions Prevail Over Special Procedures We may publish a summary of these Conditions of Carriage to assist in drawing key issues to the attention of Passengers. The terms of these Conditions of Carriage will prevail over any summary of them. Subject to 2.4 (Overriding Law), if any of these Conditions of Carriage is inconsistent with any special procedures we may have (for example, in relation to the carriage of unaccompanied minors or Passengers with limited mobility), these Conditions of Carriage will prevail to the extent of the inconsistency. 2.8 Charter Operations If carriage is performed by us under a charter agreement (hire arrangement), these Conditions of Carriage apply unless Passengers are advised otherwise by or on behalf of the charterer prior to boarding the aircraft. 2.9 Additional Services or Other Forms of Transportation (a) If we make arrangements for you with any third party to provide any services other than carriage by air on a QF Airline Designator Code, or if we issue a Ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party, such as hotel reservations or car rental, in doing so we act only as agent. The terms and conditions of the third party service provider will apply. (b) If we are also providing non-airline transportation to you, our Conditions of Carriage do not apply to such transportation. The operator's conditions of carriage may significantly limit or exclude liability. Details are available upon request. Back to list 3. General 3.1 Preparing to Travel Travel advisory services are not included in the price of your Ticket. You alone are responsible for making all necessary arrangements for your travel and ensuring that you comply with all laws, regulations and orders of the places you will travel to, such as: finding out from relevant embassies or consulates whether you need a passport, visa or other travel document, health document or evidence of onward travel obtaining those documents obtaining inoculations, and finding out about dangers to your health and safety at your destination and any Stopover (see 3.2). If we provide assistance for any of the above aspects of your travel, this does not release you from your responsibility in respect of these matters. 3.2 Destination - Passenger Enquiries It is your responsibility to enquire about any local issues and conditions at your destination(s) prior to commencing travel. We make no representations as to the safety, conditions or other issues that may exist at any destination. Travel advice can be obtained from various sources, including local governments, local consular offices and the website of the Australian Department of Foreign Affairs and Trade, the New Zealand Ministry of Foreign Affairs and Trade, or the U.S. Bureau of Consular Affairs. 3.3 Travel Insurance Because travel involves many risks, and our liability to you is limited, you may choose to purchase travel insurance, which can cover things like: lost Tickets changes in travel plans and travel cancellation medical and hospital expenses repatriation costs personal injury and death delayed, damaged or lost Baggage and other items 3.4 Codeshares We have arrangements with other Carriers known as 'Codeshares'. This means that even if you have made a reservation with us and hold a Ticket for a Qantas flight (ie, a flight with a QF Airline Designator Code), you may travel on another Carrier's aircraft. If such arrangements apply to your flight, we will advise you of the Carrier operating the aircraft at the time you make a reservation. The conditions of carriage of the Carrier whose flight number appears on your Ticket will apply to your Codeshare flight. Unless we advise you otherwise, where a QF Codeshare flight departs from an airport in the United States, the tarmac delay contingency plan of the operating Carrier will apply to your flight. 3.5 Health (a) General: We may refuse to carry you if we, acting reasonably, are not completely satisfied that it is safe for you to fly. Before you make a reservation you should tell us if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly. (b) Deep vein thrombosis (DVT): Some studies have concluded that prolonged immobility may be a risk factor in the formation of clots in the legs, known as DVT. If you feel you may be at risk from DVT or other health problems, consult with your doctor before travel. Information on health issues can be found: online at Your Health Inflight in the 'Onboard Information' pages of our inflight magazine - Qantas The Australian Way onboard our aircraft through our entertainment system (c) Pregnancy: If you are pregnant, the following precautions must be observed. For travel after the first 28 weeks of your pregnancy: you need to carry a certificate or letter from a registered medical practitioner or registered midwife confirming: the estimated date of delivery whether it is a single or multiple pregnancy; and that there are no complications with your pregnancy For flights of four hours or more: if you are having no complications with your pregnancy you can travel up to the end of the 36th week of your pregnancy for single pregnancies or up to the end of the 32nd week for multiple pregnancies (for example, twins) medical clearance is required if you are having complications with your pregnancy For flights of less than four hours: if you are having no complications with your pregnancy you can travel up to the end of the 40th week of your pregnancy for single pregnancies and up to the end of the 36th week for multiple pregnancies (for example, twins) Medical clearance is required if you are having complications with your pregnancy If you wish to travel within seven days after delivery, medical clearance is required. Infants cannot travel for 48 hours after delivery and need medical clearance to travel between three and seven days after delivery. Please Note: We do not represent that travel is safe for you at any particular point during your pregnancy. You must seek advice from your own medical practitioner prior to your flight. The periods referred to above are only our minimum requirements Some countries place limitations on the entry of non-national pregnant women. Check with the relevant embassy or consulate before you travel to confirm any further limitations. 3.6 Personal Information We collect personal information about you (including health information where necessary) to provide products and services to you, process your travel arrangements, facilitate your participation in the loyalty programs of Qantas and other organisations, conduct marketing activities and market research, and for immigration and customs control, security, administrative and legal purposes. If the information is not provided by you, we may not be able to provide the service requested. For these purposes, you authorise us to retain your personal information and to disclose your personal information to our related companies, other Carriers, travel service providers, organisations which provide services to us, such as collecting commissions, your employer if you are travelling on a Ticket provided through your employer's corporate travel agreement with us, credit and other payment card companies, various law enforcement agencies and governments around the world for security, customs, emergency and immigration purposes. For more details see our Privacy Statement. You may be required by government regulations or laws to provide specific personal information to us, including information to enable you to travel to other countries or to enable us to notify family members in the event of an emergency. You can gain access to the information we hold about you and ask for correction of your personal information by contacting Qantas Customer Care, 10 Bourke Road, Mascot NSW 2020, Australia. Back to list 4. Reservations 4.1 Making a Reservation A reservation for a flight is made when recorded as accepted and confirmed by us or an Authorised Agent. We or our Authorised Agent will provide you with written confirmation of your reservation. We do not accept any responsibility for any loss you may incur if you make arrangements for travel on Qantas through anyone other than Qantas or its Authorised Agent. 4.2 Specified Reservation You will not be allowed to travel if you do not have a Ticket for a specified reservation, in a specified class of service and on a specified date and flight. 4.3 Ticketing Time Once you make a reservation, you or someone on your behalf must pay for the Ticket before the specified ticketing time, as advised by us or an Authorised Agent. That time may be the time of making the reservation or later. If payment is not received by us on or before the specified ticketing time, or is received but subsequently reversed, we may cancel your reservation. 4.4 Reconfirmation Before your flight we advise you to check our website for any schedule changes. We do not require you to reconfirm your reservation with us. However, you may need to reconfirm your reservation with any other Carriers involved in your journey. You are responsible for checking and complying with the reconfirmation requirements of those other Carriers. 4.5 Changes to Reservations We offer a choice of different fare types that are subject to different fare rules and are priced differently. Your reservation is subject to the fare rules applicable to the type of fare you choose. These are available to you at the time of booking. Please note the fare rules and in particular any change fees or restrictions that may apply. Qantas may increase fees and charges applicable under the fare rules from time to time. If such a change will affect your existing booking, we will give at least one month's notice of the change by updating the Fare Guide. Requests for changes or cancellation of a reservation can only be made directly to Qantas or our Authorised Agent. 4.6 If You Are Late or Do Not Show Up for Your Flight. Refer to the fare rules of the fare you have purchased. If you notify us in advance, in accordance with any timeframes set out in your fare rules, that you will not show up for the flight, we will not cancel any subsequent flight reservations on your Ticket. 4.7 Seating Selection and Allocation Although we will try to accommodate your seating need or choice, we do not guarantee you any particular seat. We may need to change your seat at any time, even after you have boarded the aircraft, for operational, safety or security reasons. If we need to ask you to downgrade for any reason, we will at your option: provide you with an appropriate refund of the difference in fares (or an appropriate credit of Qantas Points in the event that you are travelling on a Qantas Frequent Flyer Award), or accommodate you on a reasonable alternative available flight on our services. 4.8 Specific Needs If you require special assistance because: you are ill you have limited mobility you have a service animal you are pregnant you need special help, or you have a child who is to travel unaccompanied, we will not refuse to carry you (or your unaccompanied child) provided that: you have made prior arrangements with us or our Authorised Agent you have complied with any reasonable requests we may have, and we have agreed to provide special help. 4.9 Special Meals If the service of special meals is available on your selected flight,we will try to ensure that if you have requested a dietary or religious special meal when you make your reservation, it is available. However, we do not guarantee we will be able to supply your requested special meal. Back to list 5. Fares 5.1 What Your Fare Covers Your fare covers the flight(s) for you and your Baggage Allowance: from the airport at the place of departure specified on your Ticket to the airport at the place of destination specified on your Ticket. 5.2 What Your Fare Does Not Cover Your fare does not include ground transport between one airport and another or between the airport and any other place. 5.3 Cancellation by You Some fares may be partially refundable or non-refundable. You should choose the fare which best suits your needs and consider taking out travel insurance which covers you in case you need to cancel your reservation. In accordance with US Department of Transportation rules, customers who purchase a ticket in the United States for travel on Qantas may cancel their reservations and have their ticket refunded without charge within 24 hours of ticketing when the ticket is purchased one week or more prior to scheduled departure of the first flight in the itinerary. 5.4 Buying Your Ticket You must ensure you purchase your Ticket from us or our Authorised Agent. 5.5 Currency You must pay your fare, including any taxes, fees and carriers charges in the currency of the country in which the Ticket is issued, unless we or our Authorised Agent permit or require you to use another currency at or before the time you pay (for example, because of the non-convertibility of the local currency). We may decide to accept payment in another currency. 5.6 Third Party Fees and Taxes You may be required to pay additional fees or taxes direct to third parties. For example, airport departure charges may be levied directly on you at an international airport. Such amounts will not be marked on your Qantas Ticket. If a government authority imposes or increases an unavoidable charge or tax on your carriage on a per passenger basis before you travel, we will pass on that cost to you if permitted by law to do so. Back to list 6. Tickets 6.1 Ticket Not Transferable Except to the extent required by law or provided under the applicable fare rules, a Ticket is not transferable to another person. If someone else presents your Ticket for travel and we discover that that person is not you, we will refuse to carry that person. However, if we, acting reasonably, do not discover that the person is not you and as a result either carry the person or give them a refund, we: are not obliged to replace your Ticket: and are discharged from all and any liability to provide you a refund. 6.2 Ticket Validity Period Your Ticket will be valid for 12 months from the date of commencement of travel or if no part of the Ticket is used, for 12 months after the date first issued, unless the fare rules provide otherwise. 6.3 Extending Validity Period (a) If you are unable to travel while your Ticket is valid because we: cancel your flight delay your flight to the extent that you have to cancel your travel omit a scheduled stop, being your place of departure, place of destination or Stopover cause you to miss a connection on another Qantas flight, or are unable to supply you with a confirmed seat, we will extend the validity of your Ticket to enable you to travel on the next available flight. Alternatively, you may request a refund in accordance with 13 (Refunds). (b) If you are prevented from travelling on your Ticketed flight due to illness, we may extend your Ticket validity for up to three months to allow you to travel, depending on the circumstances. We will require proof of the circumstances, such as a medical certificate. (c) If a passenger travelling with you in the same booking dies during the journey, we may do either or both of the following: not enforce any minimum stay conditions which apply to your Ticket extend the validity of your Ticket for up to 45 Days after the date of death. We may ask you to provide proof, such as a valid death certificate. 6.4 Events Beyond Your Control If you have purchased a fare for travel on our services and: you are travelling on private travel and not on business you have been prevented from travelling by Events Beyond Your Control, and all or part of the fare for your Ticket is non-refundable, we will give you a credit for the non-refundable part of the fare for future travel on us provided that you: have a completely unused Ticket have told us promptly about the Events Beyond Your Control, and have given us satisfactory evidence of these Events Beyond Your Control. The credit can be used for future travel on Qantas flights (ie, a flight with a QF Airline Designator Code) within 12 months of the date of original Ticket issue. We may charge a reasonable service fee. 6.5 Coupon Sequence (a) The fare paid for your Ticket has been calculated on the basis of the sequence of transportation shown in your Ticket. (b) Once travel has commenced, if you do not wish to continue the journey in that sequence, you must pay any applicable fees, taxes and fare adjustment. The Ticket will be reissued for the new fare which will be the full unrestricted fare that was applicable for the relevant class of travel on the date of original purchase for the revised itinerary. (c) Alternatively, you may request a refund for the unused portion of your Ticket within 12 months after the original date of Ticket issue. The amount to be refunded (if any) will be the difference between the fare paid and the full unrestricted fare that would have been payable for the revised itinerary. Any applicable change fee and service fee will be deducted from that amount. (d) If you wish to change to your sequence of transportation before travel has commenced, and your fare rules allow it, you may request a fare recalculation and ticket reissue, in which case payment of any applicable fees and fare difference will be required. 6.6 Ticket Issued for Carriage on Another Carrier If we issue a Ticket for you to be carried on another Carrier's Airline Designator Code, or check in Baggage for carriage on another Carrier's Airline Designator Code, we do so only as agent for that Carrier. The conditions of carriage of the other Carrier will apply. See also 16.4(a) (Damage to Your Baggage). 6.7 Package Travel and Holiday Tours EC Directive This 6.7 applies only if you have purchased a fare for travel on our services as part of a package tour and European Community Directive 90/314/EEC on Package Travel and Holiday Tours applies. We or an Authorised Agent will, if you ask, issue a new Ticket to somebody else to replace your Ticket if: you want to transfer your booking under article 4.3 of the Directive you prove to us or an Authorised Agent that you have satisfied the requirements of Article 4.3 of the Directive and are entitled to transfer the booking you give us or an Authorised Agent reasonable notice of your intention to transfer the booking before the date of scheduled departure of your flight you give us or an Authorised Agent the full name, address and contact number of the person to whom you want the new Ticket to be issued you deliver your Ticket to us or an Authorised Agent, and you pay us or an Authorised Agent a reasonable administration fee for issuing the new Ticket. Back to list 7. Baggage 7.1 Baggage Allowance You may carry a limited amount of Baggage without additional charge provided it complies with our requirements and these Conditions of Carriage. The current allowances for Carry-on Baggage and Checked Baggage are set out on our website and may change. We will give at least one month's notice of any change by updating the Baggage page on our website, or such notice as is otherwise required by law. 7.2 Prohibited Items We will not carry, and you must not include in your Baggage or otherwise try to bring on board the following prohibited items: items which are prohibited by any applicable law from being carried on any aircraft firearms (except see 7.3) and weapons of any type, including but not limited to knives, blades, or sharp items (except see 7.5) items listed as dangerous goods in your Ticket items which are likely to endanger the aircraft or persons or property on board the aircraft, or that may become dangerous. More information is available in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Air Transport Association (IATA) Dangerous Goods Regulations. items we reasonably determine are unsuitable for carriage because they are dangerous or unsafe animals (except for service animals or where 7.7 applies). If we discover that you are carrying prohibited items, we may do whatever we consider appropriate and what is reasonable in the circumstances, including disposing of the item. Unless we are at fault, we will not be responsible for any loss or damage caused to any prohibited items if they are brought on board despite being prohibited items. 7.3 Firearms We may agree but are not obliged to carry firearms and ammunition for sporting purposes in your Checked Baggage. If we do, these must be packed in accordance with all applicable laws and regulations. Applications for the carriage of firearms and ammunition for sporting purposes must be submitted at least two working days prior to your scheduled departure date. 7.4 Restrictions on Checked Baggage You must not include in your Checked Baggage: fragile, delicate or perishable items computers items with a special value, such as money, jewellery, precious metals, silverware negotiable papers, share certificates, securities or other valuable documents cameras personal electronic equipment including compact discs commercial goods or business documents, or passports and other travel documents. If you carry items in contravention of these Conditions of Carriage, we will use all available defences against any claim in respect of any damage, loss or destruction of those items. 7.5 Restrictions on Cabin Baggage Some items cannot be carried in the cabin of the aircraft. These include weapons, restraining devices, knives and sharp tools or cutting implements such as scissors and screwdrivers and some sporting goods such as bats and clubs. The list of prohibited items may vary depending where you board an aircraft. Please check with us or your Authorised Agent prior to travel. You may be able bring some of these items as Checked Baggage (but see 7.6). If you try to include a prohibited item in your Cabin Baggage, we may take it from you. We do not accept any responsibility for items which we refuse to carry as Cabin Baggage and which are not carried as Checked Baggage. You are responsible for your personal items that are in your care and control. 7.6 Excess Baggage If you arrive to check in with Excess Baggage, we may: refuse that Excess Baggage, or accept that Excess Baggage for carriage and require you to pay a fee before boarding. We may need to carry your Excess Baggage on a later flight. If we decide to carry the Excess Baggage but decide not to charge you for some or all of your Excess Baggage, this does not mean that you will not be charged when you check in for any further flights on your itinerary. Other airlines may also charge different rates for Excess Baggage. 7.7 Pet animals On some flights we may, at our discretion, agree to carry pet dogs, cats or birds as Excess Baggage. Otherwise, all other animals except service animals will be treated as freight. For travel with a service animal, you must give us at least 14 days notice prior to travel so that appropriate arrangements can be made. If you are travelling domestically or internationally: you must notify us when you make your reservation that you wish to travel with your pet animal. Some airports will require that your pet travels as freight and some will allow carriage in the hold as Checked Baggage if we agree that your pet may be carried in the aircraft hold as Checked Baggage, you must supply proper crating and food for your pet. If you fail to do this, we may decide not to carry your pet you may be required to pay an Excess Baggage fee you must have with you valid health and vaccination certificates; entry, transit and exit permits; and all other documents required by any applicable law, regulation or order you must repay to us any fines, costs, charges, losses or liabilities we, acting reasonably, have paid or suffered because you did not have these documents we are not liable to you for any action taken by an airport or regulatory authority with regard to your pet animal we will not be responsible for injury to or loss, sickness or death of an animal unless we have been negligent or an applicable law provides otherwise. Carriage of your pet may be subject to additional conditions specified by us. 7.8 Searches Qantas, government or airport officers or their representatives may: require you to submit to clothing and body searches require you to submit your Baggage to searches or inspections, and search or inspect your Baggage with or without you. As a result of a search, or if you refuse to submit yourself or your Baggage to a search, we may refuse to carry you and your Baggage, and may deliver your Baggage to government or airport officers if required to do so. Except as otherwise provided by the Convention or other applicable laws if a search, screening or x-ray causes damage to you or your Baggage, we will not be liable for the damage unless it was caused by our negligence. Back to list 8. Check In 8.1 Before Departure You must ensure you have with you when you travel your Ticket (or a print out of your Electronic Ticket, or a booking reference for domestic travel), identification, all necessary travel documents and anything else you need to travel. For International Carriage, your passport will be required. Photo identification may also be required if your flight is a domestic sector of an international flight and departs from an international terminal. For Domestic Carriage you must be able to produce identification on request, such as your driver's licence, Qantas Frequent Flyer or Qantas Club card or the credit card used to purchase your Ticket. 8.2 Check-In and Boarding Deadlines Check in deadlines apply and may be strictly enforced. To help us get your flight away on time, ensure you are at the boarding gate by the time specified. 8.3 Boarding Pass and Baggage Receipt Once you have checked in for your flight and registered any Checked Baggage, keep your Boarding Pass and Baggage receipt with you until you complete your travel. 8.4 If You Are Late If you arrive: late at check-in or the boarding gate through no fault of ours, or without your Ticket and all necessary travel documents we may: cancel your reservation refuse to carry you, and/or require you to pay a service fee to cover our reasonably incurred administration costs Except as otherwise provided in the Convention or any applicable laws, we are not liable to you for any loss or damage you may suffer as a result of your late arrival. Back to list 9. Schedules, Late or Cancelled Flights 9.1 Schedule Changes and Cancellations by us (a) Schedules Not Guaranteed We will use our reasonable endeavours to operate in accordance with our published schedules. However, we do not guarantee the flight times and they do not form part of your contract of carriage with us. (b) Flight Changes Before we accept your booking, we or our Authorised Agent will tell you the scheduled departure time of your flight and it will be shown on your Ticket. We may need to change the scheduled departure time of your flight after your Ticket has been issued. If you give us or our Authorised Agent contact information, we or they will use our reasonable endeavours to let you know about any changes. In any event, prior to your flight you should check to ensure your flight times have not changed. You should check the flight departure and arrival information posted at the airport. Except as otherwise provided in the Convention or any applicable laws, we will not be liable to you for any losses that you may incur if you fail to do so. (c) Significant Change If, due to circumstances within our control, after you buy your Ticket we make a significant change to the scheduled departure time of your flight or the flight is cancelled, we will: rebook you on the next available flight (or combination of flights) on our services to your booked destination at no additional cost to you alternatively, at your option, refund the applicable fare if you choose to continue travel and the change or cancellation occurs on the day of scheduled travel, resulting in your delay at the departure airport, provide you with meal or refreshment vouchers (or reimburse you for the reasonable costs of meals or refreshments if we do not provide vouchers) if your travel with us is delayed overnight and you have already commenced travel on your booking (ie you are at an 'away' port), use reasonable endeavours to assist you to find overnight accommodation or reimburse your reasonable accommodation costs if we have not provided accommodation. (d) Discontinued Route If we cease to operate on a route and as a result we cancel a flight for which you have purchased a Ticket, we will: offer you a seat on the next available flight on our services for an alternative route to the same destination (if available) and where a connection was arranged by us, a seat on the next available connecting flight alternatively, at your option, refund the applicable fare 9.2 Late or Cancelled Flights (Events Beyond Our Control) Where your flight is delayed or cancelled as a result of an Event Beyond our Control, whether you have checked in or not, we will: use reasonable endeavours to rebook you on the next available flight on our services at no additional cost to you alternatively, if we are unable to rebook you on services acceptable to you, we will refund the applicable fare. We will not be responsible for paying any other costs or expenses you may incur as a result of the delay or cancellation, except as otherwise provided in these Conditions of Carriage or required by applicable laws. Back to list 10. Refusal of Carriage and Denied Boarding 10.1 Refusal of Carriage Even if you have a Ticket and a confirmed reservation, we may refuse to carry you and your Baggage if any of the following circumstances have occurred or we reasonably believe will occur: if carrying you or your Baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk if you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or otherwise behaved in a threatening manner if carrying you or your Baggage may materially affect the comfort of any person in the aircraft if carrying you will break government laws, regulations, orders or an immigration direction from a country to which you are travelling or are to depart from because you have refused to allow a security check to be carried out on you or your Baggage because you do not appear to have all necessary documents if you fail to comply with any applicable law, rule, regulation or order or these Conditions of Carriage if you fail to complete the check-in process by the Check-In Deadline or fail to arrive at the boarding gate on time because you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security because you have not complied with our medical requirements because you require special assistance and you have not made prior arrangements with us for this if you are drunk or under the influence of alcohol or drugs if you are, or we reasonably believe you are, in unlawful possession of drugs if your mental or physical state is a danger or risk to you, the aircraft or any person in it if you have committed a criminal offence during the check-in or boarding processes or on board the aircraft if you have deliberately interfered with a member of our ground staff or the crew of the aircraft carrying out their duties if you have put the safety of either the aircraft or any person in it in danger if you have made a threat because you have committed misconduct on a previous flight and we have reason to believe that such conduct may be repeated because you cannot prove you are the person specified on the Ticket on which you wish to travel because you are trying to use a Flight Coupon out of sequence without our agreement if you destroy your travel documents during the flight if you have refused to allow us to photocopy your travel documents if you have refused to give your travel documents to a member of Our ground staff or the crew of the aircraft when we have asked you to do so if we reasonably believe you will ask the relevant government authorities for permission to enter a country through which you are Ticketed as a transit Passenger because your Ticket: - is not paid for - has been reported lost or stolen - has been transferred - has been acquired unlawfully - has been acquired from someone other than us or an Authorised Agent - contains an alteration which has not been made by us or an Authorised Agent - is spoiled, torn or damaged or has otherwise been tampered with, or - is counterfeit or otherwise invalid. In any of the situations in this 10.1, we may remove you from a flight, even after you have boarded, without any liability on our part, and cancel any subsequent flights on the Ticket. 10.2 Notice of Refusal to Carry You We will be entitled to refuse to carry you and your Baggage if we have notified you in writing that we will not carry you on our services. The notice will give details of the period for which it will apply and will ask you not to buy a Ticket or ask or allow anyone to do so for you. If you try to travel while the notice is in force, we will refuse to carry you and you will be entitled to a fare refund minus our reasonable administration fee. 10.3 Overbooked Flights - Denied Boarding Compensation Airline flights may be overbooked. This means there is a slight chance that there may be more reservations than available seats on your flight. In these circumstances, where practicable, we will offer an incentive for volunteers not to travel on their booked flight. Volunteers will not be entitled to any further payment, refund or compensation. If there are not enough volunteers, we may need to deny boarding to one or more Passengers involuntarily. If you are denied boarding due to an overbooking of our flight for which you have a valid Ticket and a confirmed reservation, and you have met our Check-In Deadline and complied with all applicable requirements for travel as set out in these Conditions of Carriage, we will offer you a seat on the next available flight on our services. If this is not acceptable to you, we will provide compensation and any care required by any law which may apply or in accordance with our policy if there is no applicable law. This will depend on the jurisdiction in which the denied boarding occurs. Our denied boarding compensation policy is available on request. Back to list 11. Conduct During Flight 11.1 Obey Directions To maximise passenger comfort, safety and security, you must comply with the following requirements, and all other reasonable directions of any crew member on your flight with us, when on board: stow Cabin Baggage under the seat in front of you or in the overhead lockers take care when you open overhead lockers, since Cabin Baggage may move during flight keep your seatbelt fastened when seated remain seated with your seatbelt securely fastened during turbulence stay seated as directed, in particular while the aircraft is moving on the tarmac do not smoke if you drink alcohol, drink only in moderation and only alcohol served on your flight with us as part of our inflight bar service use infant and child restraints as directed do not behave in a manner to which other passengers may reasonably object, and if asked by a member of the crew acting reasonably, you must give your passport or other travel document to them for safe custody until the end of the flight. We may also ask you not to operate any electronic devices including cellular telephones, laptop computers, recorders, radios, CD players, electronic games, laser products or transmitting devices, remote or radio controlled toys that could interfere with the flight. If you fail to comply with our requests, we may retain the device until the end of the flight. Hearing aids and heart pacemakers are permitted. 11.2 Control of Passengers We will take all reasonable steps to maintain the comfort, safety and security of all passengers. If we reasonably consider it necessary, we may restrain you or remove you from any flight anywhere, for example if you: conduct yourself so as to endanger the safety of the aircraft or any person or property on board obstruct, or fail to comply with any direction of any crew member behave in a manner to which other passengers may reasonably object interfere with a crew member who is performing his or her duties on board an aircraft tamper or interfere with the aircraft or its equipment. In addition, you may be refused further carriage with us. You may also be prosecuted for offences committed on board the aircraft. 11.3 Diversion Costs Caused by Unacceptable Behaviour If we divert the aircraft to an unscheduled destination as a result of your failure to comply with the requirements set out in these Conditions of Carriage or your conduct described in 11.2, you must pay us the reasonable costs of the diversion. 11.4 Smoking prohibited Smoking is not permitted on any of our aircraft. Back to list 12. After the Flight 12.1 Collect Your Checked Baggage You must collect your Checked Baggage as soon as it is available for collection. 12.2 If You Cannot Find Your Checked Baggage If you cannot find your Checked Baggage, produce your Ticket and Baggage receipt to us. Only the person to whom the Baggage receipt was issued is entitled to collect that Baggage. 12.3 Release of Checked Baggage by Qantas If we have Baggage you claim is yours but you do not have the Baggage receipt, we will release it to you only if you: produce adequate proof of entitlement to it undertake in writing to us that you will reimburse us for any loss, damage or expense incurred as a result of that release, and comply with any other applicable directions given to you by us. 12.4 Disposal of Baggage by Qantas If you do not collect your Checked Baggage within 28 Days of your flight, it will be disposed of without notifying you and without liability on our part. We are not liable for any loss you may suffer caused as a result of your leaving Cabin Baggage or any personal belongings on an aircraft when you disembark (unless the damage was caused by our fault) or if you leave any belongings in the airport terminal or member lounge. 12.5 If You Collect the Wrong Bag If you pick up the wrong bag or other baggage from the baggage carousel, it is your responsibility immediately to return the bag or baggage at your own cost to the baggage service office or airport manager at the airport where you collected it. Back to list 13. Refunds 13.1 When a Refund is Available You will be entitled to a refund if we: are unable to carry you and you have a confirmed reservation delay your flight to the extent that you have to cancel your travel make a significant change to the scheduled flight time, which is not acceptable to you and we are unable to book you on an alternative flight which is acceptable to you downgrade you from the class paid for fail to stop at a Stopover or the destination specified on your Ticket cause you to miss a connecting Qantas flight on which you have a confirmed reservation, or cancel your flight In these circumstances we will provide a refund on request as set out in 13.2 13.2 What Refund is Available? Where a refund is payable in accordance with these Conditions of Carriage, unless otherwise specified in these Conditions of Carriage the refund will be equal to: the fare paid, if no part of the Ticket is used alternatively, if part of the Ticket is used, the difference between the fare paid and the fare that would have been payable if booked for the travel taken, including any taxes and carriers charges, less any applicable fees. Depending on the fare type, where a Ticket is partly used, the unused part may have little or no refund value. 13.3 Who Gets The Refund and How is it Paid? (a) Any refund will be paid to the person who paid for the Ticket, unless that person has authorised us in writing to pay the refund to someone else. (b) We will pay the refund in the same way and in the same currency used to pay for the Ticket, unless the fare rules provide otherwise or we agree otherwise. (c) If the person who paid for the Ticket is not the Passenger, we will not provide a refund without the Passenger's written consent, unless the Passenger is under 18 or the fare rules provide otherwise or the Qantas Frequent Flyer terms and conditions apply. 13.4 Refunds on Taxes and Charges Whether or not your airfare is refundable, if you do not use your Ticket, you may be entitled to claim a refund of certain charges and taxes which you have paid, except for any we have had to pay to third parties even though you have not travelled. We may deduct a reasonable administration fee. If the fee exceeds the amount of the refund, no refund will be paid. 13.5 Deadline for Refunds Unless an applicable law says otherwise, we may refuse to provide a refund if it is requested after the end of the Ticket validity. 13.6 Right to Refuse Refund We may refuse a refund on a Ticket which is your evidence of intention to depart from the country you are in unless you can establish to our satisfaction that: you have permission from the appropriate government or other authority to remain in that country, or you will depart by another means of transport. Back to list 14. Refusal of Entry and Fines 14.1 Payment of costs (a) If you are refused permission to enter a country and a government or government authority orders us to return you to your place of origin or remove you to another country, you must pay for: any detention costs; and the return or other fare We will not refund the fare for carrying you to the place where you were denied entry but we may set off the value of any unused Flight Coupons against the amount of that return or other fare. (b) If we have given you information which is incorrect and inconsistent with the official information that is reasonably available to us, and you have relied on it, we will pay any reasonably incurred costs arising as a result. 14.2 Reimbursement to Qantas If we are ordered to pay any fine or penalty at any time, or incur any expense, costs, loss or damage ("losses") by reason of you being denied entry into any country, or because of your failure to comply with any law, regulation, order or requirement, or because of your behaviour, health or medical condition, you must reimburse us for all losses plus all legal costs and other expenses reasonably incurred. We may set off any refund owing to you for unused Flight Coupons against any such amounts. Back to list 15. Application of Convention and Laws International Carriage is governed by the Convention, where applicable, or under applicable laws where the Convention does not apply. Where your travel is wholly within Australia with no international sectors, it is subject to the provisions of the Civil Aviation (Carriers' Liability) Act 1959 as amended (or any replacement legislation) or in the case of intra-State travel, complementary State legislation. Under the Convention or applicable laws, our liability may be limited in respect of death or injury, Baggage or delay. Back to list 16. Liability 16.1 Exclusions Other than as specified in these Conditions of Carriage or applicable laws, we exclude all liability for any costs, expenses, losses or damages whatsoever that may arise in any way in connection with the carriage. 16.2 Negligence by You If any damage was caused or contributed to by you, our liability may be reduced in accordance with applicable laws. 16.3 Death or Injury or Delay (a) International Carriage For any recoverable compensatory damages up to 113,100 SDRs (about AU$173,500) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, we will not exclude or limit our liability. However, any liability we may have for damage will be reduced in accordance with applicable law by any negligence on your part that causes or contributes to the damage We will not be liable for damages arising in respect of death or bodily injury to the extent that they exceed for each passenger 113,100 SDRs, if we prove that: - such damage was not due to the negligence or other wrongful act or omission of us or our agents; or - such damage was solely due to the negligence or other wrongful act or omission of a third party In the case of passenger delay: - where the Montreal Convention applies, we will be liable for damage except when we can prove that we took all measures that could reasonably be required to avoid the damage or that it was impossible for us to take such measures. Our liability under the Montreal Convention is limited to 4,694 SDRs (about AU$7,200) - where the Warsaw Convention applies, we will be liable for damage except when we can prove that we took all necessary measures to avoid the damage or that it was impossible for us to take such measures. (b) Australia Where your travel is wholly within Australia and is not International Carriage, our liability for your bodily injury or death is limited to AU$725,000. (c) European Community If your Ticket was purchased in the European Community and your travel is from or to a point in the European Community: we will, without delay and in any event not later than 15 Days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered an advance payment will not be less than the equivalent of 16,000 Special Drawing Rights (about AU$25,500 or EUR18,000) per Passenger in the event of the death of a Passenger an advance payment does not mean that we admit liability and it may be offset against any subsequent sums paid on the basis of our liability. An advance payment is not returnable unless: we prove that the damage was caused or contributed by negligence of the Passenger or the person who received the payment, or we prove that the person who received the payment was not entitled to compensation. (d) General We are not responsible for any illness, injury or disability, including death, attributable to your physical condition, except to the extent that any applicable law requires otherwise. 16.4 Damage to Your Baggage (a) General We will be liable only for damage or delay occurring during carriage ticketed on our Airline Designator Code. If we issue a Ticket or check Baggage on the Airline Designator Code of another Carrier, we only do so as agent for that Carrier. Nevertheless, with respect to Checked Baggage, you may also have a right of action against the first or last Carrier on your Ticket We are not liable for any damage to your Cabin Baggage to the extent caused or contributed to by your negligence We are not liable for any damage caused by your Baggage. You are responsible for any damage caused by your Baggage to other persons or property, including our property (b) International Carriage Where your travel is International Carriage and a Convention applies, our liability for damage to Checked Baggage is limited by the Convention except where you prove that the damage resulted from an act or failure to act either done with the intention to cause damage or recklessly and with knowledge that damage would probably result Our liability for loss of, damage to, or delay in the carriage of, your Baggage is limited by the applicable Convention as follows: - Montreal Convention 1999 - 1,131 SDRs (about AU$1,735) cumulative for both Checked Baggage and Cabin Baggage. In the case of Checked Baggage, we will not be liable if the Baggage was defective, unless Article 22.5 of the Montreal 1999 Convention applies in which case these limits do not apply. We will only be liable for Cabin Baggage if we were at fault - Conventions other than the Montreal Convention 1999 - 250 francs (about AU$30) for each kilo of your Checked Baggage affected or 5,000 francs (about AU$600) for your Cabin Baggage, unless Article 25 of the Warsaw Convention applies, in which case these limits do not apply However, if the law which applies provides for different limits of liability, those different limits will apply. For the purpose of determining our liability (if any), we will presume the weight of your Checked Baggage is not more than the applicable Baggage Allowance for the relevant class of carriage, unless you have a receipt from us or our Authorised Agent showing otherwise. (c) Australia Where your travel is wholly within Australia and is not International Carriage, our liability for loss or damage is limited to A$1,600 per Passenger for your Checked Baggage and A$160 per Passenger for your Cabin Baggage. 16.5 General We are not liable for any damage arising from our compliance with any laws or government regulations or your failure to comply with the same. These Conditions of Carriage (including any exclusion or limitation of liability) apply to and are for the benefit of our Authorised Agents, employees and representatives to the same extent as they apply to us. The total amount that you can recover from us, our Authorised Agents, employees and representatives will not be more than the total amount of our liability, if any. Except where these Conditions of Carriage provide otherwise, our liability, if any, is limited to proven compensatory damages. Nothing in these Conditions of Carriage: except where we state otherwise in writing, gives up any exclusion or limitation of liability to which we are entitled under the Convention or any laws which may apply, or gives up any defence available to us under the Convention or any laws which apply, including against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger. Back to list 17. Claims by You 17.1 Personal Injury or Death Claims If: (a) you have a claim for personal injury; or (b) your personal representative has a claim for your death, you or your personal representative, as applicable, should notify us in writing as soon as possible. 17.2 Baggage Claims If the person with a Baggage receipt receives Checked Baggage without making a complaint, it will be reasonable evidence that the Checked Baggage was delivered in good condition, unless proven otherwise. We will not be liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts. (a) Domestic Carriage - Any claim for loss of or damage to Baggage must be made in writing to us within the following timeframes: three Days in the case of damage to or loss or destruction of part only of an item of Checked Baggage or Cabin Baggage, after date of receipt of remainder of the item 21 Days in the case of loss or destruction of the whole of an item of Checked Baggage from the date that the Baggage should have been placed at your disposal. (b) International Carriage: - Any claim for damage to or delay of Baggage must be made in writing to us within the following timeframes: in the case of damage to your Baggage, as soon as you discover the damage after you have received the Baggage, and at the latest within seven Days in the case of delay, within 21 Days from when the Baggage has been made available to you 17.3 Clothing Damage Any incident involving damage to your clothing worn or taken into the aircraft cabin must be immediately reported to our cabin crew. 17.4 Limitation of claims Unless your right to claim for damages has expired earlier as provided elsewhere in these Conditions of Carriage, you will have no right to claim for damages if court proceedings are not brought within two years from: the date of your arrival at your destination the date the aircraft should have arrived, or the date on which your carriage stopped The method of calculating the period of limitation will be determined by the law of the court where the case is heard. Back to list 18. Our Name and Address Our name may be abbreviated to QF (Qantas or QantasLink) on the Ticket. Our address is 10 Bourke Road, Mascot, New South Wales, 2020, Australia. Back to list 19. European Community list of air carriers subject to an operating ban within the Community The European Commission has established a list of air carriers subject to an operating ban within the European Union (Regulation (EC) No.2111/2005). We are required to bring this list to your attention via our website. The latest version of the list and information regarding the regulation can be found on the European Commission siteThis link will open in a new window.. Back to list 20. European Community Regulations Note: This information only applies to passengers travelling from the UK or a European Union country. For information on air passenger rights within the European Union, the European Commission has launched a mobile applicationThis link will open in a new window.. This application is free and is available to download on the following platforms: Apple iPhone and iPad, Google Android, RIM Blackberry and Microsoft Windows Phone 7. The application is available in 22 languages and makes use of device local storage to avoid the need for data connectivity while travelling. EC 889/2002 This notice is required by European Community Regulation (EC) No.889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal or Warsaw Conventions. It does not form part of the contract between Qantas and you. Approximate conversions from Special Drawing Rights (SDRs) to Euros are provided as a guide only and will be subject to change in currency conversion rates. Air carrier liability for passengers and their baggage This information notice summarises the liability rules applied by Qantas in respect of international carriage. Compensation in the case of death or injury There are no financial limits to our liability for passenger injury or death. For recoverable compensatory damages up to 113,100 SDRs (approximately EUR127,200) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, we will not exclude or limit our liability, except where there is contributory negligence on the part of the passenger. Above that amount, we can defend ourselves against a claim by proving that: where the Warsaw Convention applies, we took all necessary measures to avoid the damage or that it was impossible for us to take such measures; where the Montreal Convention applies, we were not negligent or otherwise at fault. Passenger delays In the case of passenger delay: where the Warsaw Convention applies, we will be liable for damage except when we can prove that we took all necessary measures to avoid the damage or that it was impossible for us to take such measures; where the Montreal Convention applies, we will be liable for damage except when we can prove that we took all measures that could reasonably be required to avoid the damage or that it was impossible for us to take such measures. Our liability under the Montreal Convention is limited to 4,694 SDRs (approximately EUR5,281). Baggage destruction, loss, damage or delay Our liability for the destruction, loss of, damage to or delay in the carriage of baggage, subject to applicable defences, is as follows: where the Warsaw Convention applies, our liability is limited to 17 SDRs (approximately EUR20) for each kilo of a passenger's checked baggage and 332 SDRs (approximately EUR380) for a passenger's cabin baggage; where the Montreal Convention applies, our liability is limited to a total of 1,131 SDRs (approximately EUR1,272) per passenger for both checked and cabin baggage together. However, we will only be liable for cabin baggage if we were at fault. Complaints on baggage If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to us as soon as possible, but in any event, in the case of damage to checked baggage, it must be within 7 days, and in the case of delay, it must be within 21 days, from the date on which the baggage was placed at the passenger's disposal. Liability of contracting and actual carriers If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket for a particular flight, that air carrier is the contracting air carrier for that flight. Time limit for action Any action in court to claim damages must be brought within 2 years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. EC 261/2004 Compensation and Assistance in case of Cancellation, Long Delays or Denied Boarding of flights of more than 3500kms departing from EU countries At Qantas we always aim to get our aircraft away on time. However, there are occasions where this may not be possible. This notification informs you of your rights under EC Regulation No 261/2004 in respect of flight cancellation. When do the rules apply? The compensation and/or assistance set out in the tables below will apply in respect of: a flight departing from an airport in the EU; on which you have a confirmed reservation for which a fare has been paid which is available directly or indirectly to the public, or on tickets issued under a frequent flyer programme or other commercial programme; when Qantas is the operating carrier of the flight; and you have presented yourself for check-in as indicated to you in advance in writing or electronically, or if no time has been indicated to you, not later than 45 minutes before the published departure time Where we reasonably expect your flight to be delayed beyond its scheduled time of departure by four hours or more; or we cancel your flight; or we deny you boarding except when there are reasonable grounds for doing so, such as reasons of health, safety, security or inadequate travel documentation. Cancellation Compensation: You will receive compensation amounting to EUR600, except when any of the circumstances set out in the Note at the end of this section on Cancellation apply to you. To claim your compensation, contact Qantas Customer Care . And the choice between: (i) reimbursement* within 7 days of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure on your ticket, at the earliest opportunity; or (ii) re-routing, under comparable transport conditions, to your final destination,^ at the earliest opportunity; or (iii) re-routing, under comparable transport conditions, to your final destination^ at a later date at your convenience, subject to availability of seats. Assistance: We will offer you free of charge: (a) meals and refreshments in a reasonable relation to the waiting time; and (b) two telephone calls, telex or fax message, or e-mails. In the event of re-routing in connection with your cancelled flight, if the expected time of departure of the new flight is at least the day after the cancelled flight, we will also offer you: (c) hotel accommodation in cases: - where a stay of one or more nights becomes necessary; or - where a stay additional to that intended by you becomes necessary; and (d) transport between the airport and place of accommodation (hotel or other). Note: (A) Your compensation of EUR600 will be reduced by 50% if we are able to offer you an alternative flight under comparable transport conditions, the arrival time of which does not exceed your original scheduled arrival time by four hours or more. (B) You will not be entitled to any compensation in the following circumstances: (1) if we have informed you of the cancellation 14 days or more before your scheduled time of departure; or (2) if we have informed you of the cancellation between 7-13 days before your scheduled time of departure and have offered you an alternative flight which allows you to depart no more than two hours before your scheduled time of departure and to arrive at your final destination less than four hours after your scheduled arrival time; or (3) if we have informed you of the cancellation less than 7 days before your scheduled time of departure and have offered you an alternative flight which allows you to depart no more than one hour before your scheduled time of departure and to reach your final destination less than two hours after your scheduled arrival time. (C) We will also not pay any compensation to you if the cancellation of your flight has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Delay Compensation: If your flight is delayed by 3 hours or more on arrival at final destination, you may be entitled to compensation unless the delay was due to extraordinary circumstances which we could not avoid even by taking all reasonable measures. Extraordinary circumstances include bad weather, political instability, security risks, unexpected flight safety shortcomings, strikes affecting our operation or air traffic management decisions. Amount of compensation: Delay on arrival more than 3 hours but less than 4 hours - €300; delay on arrival more than 4 hours - €600." Assistance: We will offer you free of charge: (a) meals and refreshments in a reasonable relation to the waiting time; and (b) two telephone calls, telex or fax message, or e-mails. If your flight is expected to be delayed until at least the day after its original scheduled departure time, then in addition to the assistance above, we will offer you: (c) hotel accommodation in cases: - where a stay of one or more nights becomes necessary; or - where a stay additional to that intended by you becomes necessary; and (d) transport between the airport and place of accommodation (hotel or other). Where the delay is at least five hours and you decide not to travel on the delayed flight, in addition to the meals and assistance above, we will offer you reimbursement* within 7 days of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure on your ticket, at the earliest opportunity. Denied Boarding Voluntary denied boarding: Before we deny anyone boarding for a flight, we will call for volunteers to surrender their reservations in return for benefits under conditions to be agreed, and also: Choice between: (i) reimbursement* within 7 days of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure on your ticket, at the earliest opportunity; or (ii) re-routing, under comparable transport conditions, to your final destination^, at the earliest opportunity; or (iii) re-routing, under comparable transport conditions, to your final destination^ at a later date at your convenience, subject to availability of seats. Involuntary denied boarding: If an insufficient number of volunteers comes forward, and we deny you boarding against your will, we will immediately provide you with compensation amounting to EUR600 unless the Note at the end of this section on Denied Boarding applies to you, and also: Choice between: (i) reimbursement* within 7 days of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure on your ticket, at the earliest opportunity; or (ii) re-routing, under comparable transport conditions, to your final destination^, at the earliest opportunity; or (iii) re-routing, under comparable transport conditions, to your final destination^ at a later date at your convenience, subject to availability of seats. Assistance: And we will offer you free of charge: (a) meals and refreshments in a reasonable relation to the waiting time; (b) hotel accommodation in cases: - where a stay of one or more nights becomes necessary; or - where a stay additional to that intended by you becomes necessary; (c) transport between the airport and place of accommodation (hotel or other); and (d) two telephone calls, telex or fax message, or e-mails. Note: If we offer you an alternative flight to your final destination under comparable transport conditions, the arrival time of which does not exceed your original scheduled arrival time by four hours or more, we may reduce the compensation by 50% (ie. EUR300) Footnotes * Reimbursement - As we may need to obtain verification of various details prior to making any reimbursement, we may require a longer period than 7 days to do this. However, we will provide reimbursement as soon as possible and will use all reasonable endeavours to do so within 7 days. Reimbursement will be made to the purchaser of the ticket. ^ Final destination means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight. Alternative connecting flights available shall not be taken into account if the original planned arrival time is respected. This Notice is required by Regulation EC 261/2004 of the European Parliament and of the Council of the European Union. National designated body - Each EU Member State has designated a body responsible for the enforcement of the compensation and assistance rules set out in this notice. Contact details are as follows: For flights departing from the UK: Passenger Complaints Unit, Civil Aviation Authority CAA House 45-59 Kingsway London WC2B 6TE Tel: +44 20 7453 6888 Fax: +44 20 7240 7071 e-mail: passengercomplaints@caa.co.ukThis link will open in a new window. For flights departing from Germany: Luftfahrt-Bundesamt (LBA) DE - 38144 Braunschweig Tel.: +49 531 - 23 55 115 (mo-th 9-16, fr 9-15) Fax: +49 531 - 2355707 email: fluggastrechte@lba.deThis link will open in a new window. Website: www.lba.de Pawsey Supercomputing Centre Conditions of Use To use Pawsey data facilities and communications infrastructure you must agree to the conditions below. Contents 1 General 2 Publications 3 Computational Resources 4 Pawsey Data Stores 5 Network Policy 5.1 Preamble 5.2 Purpose and Policies 6 Security Policy 7 Password Policy 7.1 SSH Public/Private Key Pairs 7.2 Password Managers General The systems provided by the Pawsey facilities and the communications infrastructure are only to be used for activities directly related to approved research projects. The systems provided by the Pawsey facilities and the communications infrastructure are to be used in an efficient and economical manner. Pawsey and the Pawsey Facilities take no liability for any loss as a result of use of the Pawsey Facilities and the communications infrastructure. Researchers are bound by various state and federal legislation that, amongst other things, bans Discrimination, Harassment, Vilification, Bullying and Defamation and movement or retention of Illicit material. Researchers are bound by the Australian Copyright Act and must not use Pawsey infrastructure to break any of these laws, knowingly or accidentally. More detail is available at [1], particularly the section “Websites, Internet, Software & Apps”. Researchers when using Pawsey Facilities and communication infrastructure are bound to comply with US Export Administration Regulations (EAR). EAR regulations detail certain countries of origin that have been sanctioned. For this reason all researchers using Pawsey services will be asked to provide details of their nationality. A copy of EAR is available here: http://www.bis.doc.gov/index.php/policy-guidance/country-guidance/sanctioned-destinations All researchers using Pawsey Facilities and communication infrastructure must have their own individual account. Sharing of identity, sharing of passwords for a specific identity and group (or project) identities are all strictly prohibited. Researchers must provide an institutional email address (this should be the researchers main employer) to Pawsey as a first point of contact. If a researcher fails to respond to an institutional email address, Pawsey will temporarily suspend any account, until an institutional email can be validated. Pawsey has mailing lists associated with some of its infrastructure, as well as a general "friends" mailing list. It is compulsory to receive these notifications while having an active Pawsey account. Pawsey reserves the right to disable any account or suspend access to any resource at any time. These Conditions of Use and associate policies may change over time and the most recent version supercedes all others. Publications All publications resulting from the use of Pawsey Supercomputing Centre facilities and communications infrastructure must acknowledge the Pawsey Supercomputing Centre. Addition of the following text to the paper acknowledgments will be sufficient: “This work was supported by resources provided by the Pawsey Supercomputing Centre with funding from the Australian Government and the Government of Western Australia." In any financial year that you use Pawsey resources, you must submit an annual report as requested. Computational Resources Installation of any software must have prior approval from the Pawsey Supercomputing Centre. Use of software covered by any license agreement is bound by that agreement. Users must not divulge their account details to any other person and must take every reasonable precaution to ensure their passwords are secure. Users agree to advise the Pawsey Supercomputing Centre management if they become aware of any security breach or potential risk. Allocations on Pawsey supercomputers are governed by system-specific policies. See Supercomputers/Magnus/Magnus_User_Guide#Queue_Policy_and_Limits for Magnus. Pawsey Data Stores Pawsey has multiple data storage options available, known as Pawsey Data Stores. Access to Pawsey Data Stores is governed by a Data Storage and Management Policy (DSMP), which was approved by the Pawsey Board. The DSMP is available here All researchers must read and comply with the Pawsey DSMP at all times. Please note that we require all researchers to provide an institutional email address to verify the identity of all researchers using the Centre's facilities, without exception. The primary and deputy custodians for storage allocations are responsible for granting access (read and write or read only) to approved members of their project. Correspondingly every primary and deputy custodian of storage allocations must have a substantive employer, based within Australia. Where a primary or data deputy data custodian does not have a substantive employer in Australia, their allocation will be suspended until the situation is rectified. In addition every project member must have an individual Pawsey identity. All researchers must have their own account to access Pawsey Data Stores. Sharing of identity is strictly prohibited. Sharing of passwords for a specific identity is also prohibited and considered a breach of the conditions of use, in all cases. Network Policy Preamble The Pawsey network connects all joint-venture partners via dark fibre over which Pawsey has complete control – there are no managed services. This network was first put in place in 2002 when CSIRO entered into a 15 year IRU (Indefeasible Right to Use) with UEComms for fibre connections between the ARRC Facility and UWA, and between UWA and Central TAFE, with CSIRO paying the yearly maintenance on these fibres. The fibres connecting ARRC to Curtin were put in by Curtin University, and the fibre from ARRC to Murdoch is leased from Amcom, as is the fibre connecting ECU. The iVEC network connects to the outside world via CSIRO’s connection to AARNet at ARRC, and currently the traffic charges are picked up by CSIRO and not charged back to iVEC. Purpose and Policies The purpose of the Pawsey network is to provide high-speed connectivity amongst the various Pawsey Facilities and connectivity to the outside world for research purposes. It is primarily a research network, and should not be used to transit commercial traffic across any associated R&E networks, such as AARNet. Apart from Pawsey staff at the various Facilities, individual users or groups at the partner organisations may request connection to the Pawsey network as part of a project or ongoing series of projects for which they are using Pawsey facilities, assuming that they can physically be connected. These requests will be considered on a case-by-case basis, and should not be motivated by a desire to avoid their host institution’s internet traffic charges. The connection of any networking equipment, including wireless access points, to the Pawsey network must be approved by the Pawsey Network Manager, and come under the administrative control of Pawsey (this excludes the interconnection of other partner networks to iVEC, or the reticulation of the iVEC network through another network provider’s infrastructure, where administrative control of the network equipment lies with the provider). Where the Pawsey network is reticulated through another network provider’s infrastructure, Pawsey will have the final say on the connection of endpoints to the iVEC network. No connections to the internet-at-large may be made except through the official Pawsey gateway(s), currently AARNet at ARRC. This includes connecting modems to the network. Except in rare and approved circumstances, hosts should not be simultaneously directly connected to the Pawsey network and any other network. All traffic on the Pawsey network may be monitored, and network access to individuals and hosts may be terminated without notice, if network activity is considered inappropriate. Inappropriate use includes downloading or uploading of offensive or illegal or copyrighted content. The Pawsey network is not to be used for the sharing of music, movies or videos, nor for the purpose of connecting to Pawsey servers or external servers or organisations for which the user does not have authorised access. The conditions of use of Pawsey computers also apply here. It is the user’s responsibility to ensure that hosts connected to the Pawsey network run up-to-date anti-virus software where possible and appropriate. Incoming traffic is filtered at Pawsey's firewall, and the default posture is that such traffic is blocked unless explicitly allowed. Requests for ports to be opened on the firewall will be considered by Pawsey's Network Management. Some outgoing traffic may also be blocked, for example, email. All incoming email traffic will go via the CSIRO external email gateways, where it is filtered for viruses and spam. Outgoing email will also travel via these gateways. Anyone on the Pawsey network wishing to send outgoing email must send it via the mailserver smtp.ivec.org, which will pass it to the CSIRO gateways. The installation of externally visible servers on the Pawsey network must be approved, and should be part of an Pawsey-related project. Security Policy Pawsey and the Pawsey Facilities may terminate or restrict any user's access to its computer systems, without prior notice, if such action is necessary to maintain computing availability and security for other users of the systems. Computer abuse includes, but is not limited to: Using, or attempting to use, Pawsey computer systems without prior authorization or for unauthorized purposes Tampering with or obstructing the operation of Pawsey computer systems, or attempting to do so Inspecting, modifying, distributing, or copying privileged data or software without proper authorization, or attempting to do so Supplying, or attempting to supply, false or misleading information or identification in order to access Pawsey computer systems. Password Policy Do not fear losing your password. We can reset it for you. Passwords must: be at least 8 characters. contain a mix of alphabet, digit, and special characters. A mix of case for alphabet characters is recommended. Passwords must not be: the original password allocated to you a real word with random characters appended or prepended. E.g. "hello!!!" the name of a person, place, or thing, from any language. a real word with substitution of characters of similar appearance. E.g. "pa55w00rd". based on the keyboard layout. E.g. "qwerty!@#" based on personal information, such as family birthdays or pets any passwords forbidden by this policy but spelled backwards shared with anyone else the same as on another system you use. stored or sent unencrypted. This also includes fax, telephone and written down. SSH Public/Private Key Pairs You should use public/private key pairs when using ssh. Putty and OpenSSH have facilities for generating keys. In Putty it is "PUTTYGEN.EXE", and for OpenSSH it is "ssh-keygen". Consult their manuals. The ssh passphrase should be different to your account password. Use SSH2 encryption, not SSH1. Keep the private key on your own computer, and do not let anyone else have it. The public key you can freely distribute. Insert the public key into ~/.ssh/authorized_keys on the Pawsey machine (and any others that you log in to with ssh) and make it only readable by you. If the file does not exist, create it. Alternatively, send the public key to a system administrator and get them to install it. Password Managers We recommend you use a password manager to store your passwords in an encrypted format. There are plenty of these, such as Norton Password Manager (WindowsXP), PwManager (Linux), and Keepass/KeepassX (Windows, Linux, OSX, Blackberry). When using a password manager, you only have to remember two passwords. One for the machine you have the passwords on, and one for the master password of the password manager. Seeing you do not need to remember the passwords stored in the manager, they can be very random and secure. Most password managers can generate strong random passwords for you. If you use the clipboard to copy passwords, then empty the clipboard straight away. Spotify Terms and Conditions of Use Effective as of 24 October 2016 1 Introduction 2 Changes to the Agreements 3 Enjoying Spotify 4 Rights we grant you 5 Third Party Applications 6 User-Generated Content 7 Rights you grant us 8 User guidelines 9 Infringement and reporting User Content 10 Service limitations and modifications 11 Brand Accounts 12 Spotify Support Community 13 Customer support 14 Export control 15 Payments, cancellations, and cooling off 16 Term and termination 17 Warranty and disclaimer 18 Limitation 19 Third party rights 20 Entire agreement 21 Severability and waiver 22 Assignment 23 Indemnification 24 Choice of law, mandatory arbitration and venue 25 Contact us Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and our Privacy Policy and other terms referenced in this document carefully. We hope you’re sitting comfortably and listening to some great music. Here we go… 1 Introduction Thanks for choosing Spotify (“Spotify”, “we”, “us”, “our”). By signing up or otherwise using the Spotify service, websites, and software applications (together, the “Spotify Service” or “Service”), or accessing any content or material that is made available by Spotify through the Service (the “Content”) you are entering into a binding contract with the Spotify entity indicated at the bottom of this document. The Spotify Service also includes the Spotify Support Community as further described in the Spotify Support Community section. The Spotify Service includes social and interactive features. Use of the Spotify Service relies on several technical requirements. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Spotify’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Spotify Service or consume any Content. Please read the Agreements carefully. They cover important information about Spotify Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court. Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information. In order to use the Spotify Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Spotify is true, accurate, and complete, and you agree to keep it that way at all times. If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions: Country Age Requirements Chile, Ecuador, Paraguay, Peru Must be 18 or older, or be 15 or older and have parent or guardian consent. Brazil Must be 18 or older, or be 16 or older and have parent or guardian consent. Nicaragua, Taiwan Must be 20 or older, or be 13 or older and have parent or guardian consent. Bulgaria, Hungary, Germany Must be 18 or older, or be 14 or older and have parent or guardian consent. Italy Must be 13 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 13 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you). Malaysia Must be 18 or older, or if 13 to 18, parent or guardian consent is required, and guardian enters into agreement. Lithuania Must be 13 or older to use Service. For Paid Subscriptions, you must be 18 or older, or be 14 or older with parent or guardian consent. If you are 13 to 18, guardian enters into agreement. Canada Must be 13 or older to use Service. For Paid Subscriptions, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent. Spain Must be 14 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 14 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you). 2 Changes to the Agreements Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form. 3 Enjoying Spotify Here’s some information about all the ways you can enjoy Spotify. 3.1 Our Services & Paid Subscriptions Spotify provides streaming services offering a selection of music and other content. Certain Spotify services are provided to you free-of-charge. Other Spotify services require payment before you can access them. The Spotify services that may be accessed after payment are currently referred to as the “Premium Service” and the “Unlimited Service” (together, the “Paid Subscriptions”). The Spotify service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website. The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service. If you reside in Turkey, your access to the Free Service may be limited to a fixed amount of listening hours per month. 3.2 Codes and other pre-paid offers If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Spotify for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. 3.3 Trials From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Spotify reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR SPOTIFY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR SPOTIFY ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR SPOTIFY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR SPOTIFY ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, SPOTIFY WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION. 4 Rights we grant you The Spotify Service and the Content are the property of Spotify or Spotify's licensors. We grant you limited, non-exclusive, revocable permission to access the Spotify Service, and limited, non-exclusive, revocable permission to access the Content for personal, non-commercial, entertainment purposes (your “Access”). Your Access shall remain in effect until and unless terminated by you or Spotify. You promise and agree that you are accessing the Content for your own personal, non-commercial, entertainment purposes and that you will not redistribute or transfer the Spotify Service or the Content. The Spotify software applications are not sold, to you, and Spotify and its licensors retain ownership of the Content and all copies of the Spotify software applications even after the latter is installed on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). Your Access to the Content does not give you any ownership rights to the Content. All Spotify trademarks, service marks, trade names, logos, domain names, and any other features of the Spotify brand (“Spotify Brand Features”) are the sole property of Spotify or its licensors. The Agreements do not grant you any rights to use any Spotify Brand Features whether for commercial or non-commercial use. You agree to abide by our User guidelines and not to use the Spotify Service, or any part thereof, or access the Content, or any part thereof, in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Spotify grants no right, title, or interest to you in the Spotify Service or Content. Third party software (for example, open source software libraries) included in the Spotify Service are made available to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website. 5 Third Party Applications The Spotify Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Spotify does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications. 6 User-Generated Content Spotify users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Spotify Support Community as well as any other part of the Spotify Service. You promise that, with respect to any User Content you post on Spotify, (1) you have the right to post such User Content, and (2) such User Content, or its use by Spotify as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Spotify or any artist, band, label, entity or individual without express written consent from such individual or entity. Spotify may, but has no obligation to, monitor, review, or edit User Content. In all cases, Spotify reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Spotify’s sole discretion, violates the Agreements. Spotify may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. You are solely responsible for all User Content that you post. Spotify is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST SPOTIFY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SPOTIFY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM. 7 Rights you grant us In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Spotify Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Spotify Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Spotify (e.g. podcasts) may contain advertising as part of the Content. In such cases, Spotify will make such Content available to you unmodified. If you provide feedback, ideas or suggestions to Spotify in connection with the Spotify Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Spotify to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content. You grant Spotify a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. 8 User guidelines Spotify respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Spotify stays enjoyable for everyone. Please follow these rules and encourage other users to do the same. The following is not permitted for any reason whatsoever: copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Spotify Service or the Content, or otherwise making any use of the Spotify Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Spotify Service or the Content or any part of it; using the Spotify Service to import or copy any local files you do not have the legal right to import or copy in this way; transferring copies of cached Content from an authorized Device to any other Device via any means; reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Spotify Service, Content or any part thereof unless permitted by applicable law; circumventing any technology used by Spotify, its licensors, or any third party to protect the Content or the Service; selling, renting, sublicensing or leasing of any part of the Spotify Service or the Content; circumventing any territorial restrictions applied by Spotify or it licensors; artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Spotify Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content); providing your password to any other person or using any other person’s username and password; “crawling” the Spotify Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Spotify; or selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist. Please respect Spotify, the owners of the Content, and other users of the Spotify Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that: is offensive, abusive, defamatory, pornographic, threatening, or obscene; is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Spotify or a third party; includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data; includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service; is intended to or does harass or bully other users; impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading; uses automated means to artificially promote content; involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Spotify inbox; involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Spotify; links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Spotify; interferes with or in any way disrupts the Spotify Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Spotify’s computer systems, network, usage rules, or any of Spotify’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or conflicts with the Agreements, as determined by Spotify. You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Spotify account. You also agree that Spotify may also reclaim your username for any reason. Please be thoughtful about how you use the Spotify Service and what you share. The Spotify Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Spotify or across the web, so please use Spotify carefully and be mindful of your account settings. Spotify has no responsibility for your choices to post material on the Service. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible. 9 Infringement and reporting User Content Spotify respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Spotify’s copyright policy. If Spotify is notified by a copyright holder that any Content infringes a copyright, Spotify may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Spotify with a request to restore the removed content. If you believe that any Content does not comply with the User guidelines, please fill out our notice form. 10 Service limitations and modifications Spotify will make reasonable efforts to keep the Spotify Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Spotify reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Spotify Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Spotify Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Spotify permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Spotify will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Spotify has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Spotify and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law. 11 Brand Accounts If you establish a Spotify account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable. If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Agreements and to bind the Brand to the Agreements. 11.1 Following The Brand may only follow users who first follow the Brand; and the Brand may not take any action that implies an endorsement or relationship between the Brand and the followed user, unless the Brand has independently obtained the rights to imply such an endorsement. Upon Spotify’s request, in its sole discretion, a Brand must cease following a user. 11.2 Listening The Brand may not stream media. 11.3 Messaging The Brand may only send messages to users who first send messages to the Brand. 11.4 Brand Playlists and Sharing The Brand may not create or share any Spotify playlists, whether within the Spotify Service or elsewhere, that imply an endorsement or relationship between the Brand and any artist or any other party, unless the Brand has independently obtained the rights to imply such an endorsement. Brands may wish to consult Spotify’s Brand Playlist Guidelines. 12 Spotify Support Community The Spotify Support Community is a place for discussions and exchange of information, tips, and other materials related to the Spotify Service. In order to use the Spotify Support Community, you must (1) have an existing Spotify account; and (2) authenticate your Spotify account for use on the Support Community (a “Spotify Support Account”). Instructions for creating a Spotify Support Account can be found on the Community registration page. In addition to the Agreements, you also agree to adhere to the Spotify Support Community Guidelines that you will be presented with upon registration (the “Support Community Guidelines”) when using the Spotify Support Community. If you do not agree to the Agreements or the Support Community Guidelines, you may not use the Spotify Support Community. 12.1 Spotify Support Accounts By creating a Spotify Support Account, you confirm that any registration information that you submit to Spotify is true, accurate, and complete and that you will update such information in order to keep it current. It is strictly prohibited to include information in your profile that suggests that you are a Spotify employee or moderator or to otherwise pose as such an employee or moderator when using the Spotify Support Community. You also acknowledge and agree that Spotify may remove or reclaim your username at any time if Spotify in its absolute discretion considers such action appropriate. 12.2 No official support No User Content or other content posted by Spotify employees, moderators and/or representatives on the Spotify Support Community should be construed as official support provided by Spotify. For details regarding official support, see the section Customer Support. Any content provided or made available to you on the Spotify Support Community by Spotify employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind. You acknowledge that opinions expressed in User Content on the Spotify Support Community are those of contributors of such User Content only and do not reflect the opinions or policies of Spotify or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors. 12.3 Reward Program The Spotify Support Community features a reward system whereby Spotify, in its sole discretion, may reward users based on the amount of “Kudos” received or quality of responses by a user. You agree to only give Kudos to other users (and not to yourself) and only when deserved, and to refrain from any attempts to manipulate the reward system, e.g., by creating multiple accounts or artificial responses. You acknowledge that Spotify’s decision in respect of any reward shall be final and binding. 13 Customer support For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries. 14 Export control Spotify’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, 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. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you 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 Spotify under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements. 15 Payments, cancellations, and cooling off Paid Subscriptions can be purchased directly from Spotify or through a third party, such as a telephone company, either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Spotify Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service. When you register for a Paid Subscription, Trial, or Code online, you consent to get access to Spotify Premium immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed Spotify at any time during the Cooling-off Period. Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Spotify will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed Spotify during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method. If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support. If you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party. Spotify may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Spotify Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Spotify Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. 16 Term and termination The Agreements will continue to apply to you until terminated by either you or Spotify. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Spotify may terminate the Agreements or suspend your access to the Spotify Service at any time, including in the event of your actual or suspected unauthorised use of the Spotify Service and/or Content, or non-compliance with the Agreements. If you or Spotify terminate the Agreements, or if Spotify suspends your access to the Spotify Service, you agree that Spotify shall have no liability or responsibility to you and Spotify will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Spotify account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time. Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination. 17 Warranty and disclaimer WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SPOTIFY SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SPOTIFY SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPOTIFY AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SPOTIFY NOR ANY OWNER OF CONTENT WARRANTS THAT THE SPOTIFY SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SPOTIFY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SPOTIFY SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT SPOTIFY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SPOTIFY SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTIFY IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. 18 Limitation YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SPOTIFY SERVICE IS TO UNINSTALL ANY SPOTIFY SOFTWARE AND TO STOP USING THE SPOTIFY SERVICE. WHILE SPOTIFY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SPOTIFY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTIFY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. Nothing in the Agreements removes or limits Spotify’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law. 19 Third party rights You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Spotify, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Spotify only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. 20 Entire agreement Other than as stated in this section or as explicitly agreed upon in writing between you and Spotify, the Agreements constitute all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Please note, however, that other aspects of your use of the Spotify Service may be governed by additional agreements. That could include, for example, access to the Spotify Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Spotify’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail. 21 Severability and waiver Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Spotify or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Spotify’s or the applicable third party beneficiary’s right to do so. 22 Assignment Spotify may assign the Agreements or any part of them, and Spotify may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or your rights under the Agreements, to any third party. 23 Indemnification To the fullest extent permitted by applicable law, you agree to indemnify and hold Spotify harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Spotify Service; and (4) your violation of any law or the rights of a third party. 24 Choice of law, mandatory arbitration and venue 24.1 Governing Law / Jurisdiction Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles. Further, you and Spotify agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. This is indicated in the chart as well.) Country Choice of Law Jurisdiction Poland, Italy Laws of Sweden Exclusive; Courts of Local Country Turkey Laws of Sweden Non-exclusive; Courts and other tribunals in the Republic of Turkey Brazil Laws of Brazil Exclusive; State and Federal Courts of São Paulo, State of São Paulo, Brazil Canada Laws of the Province of Ontario Exclusive; Courts of Ontario, Canada United States, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay State of California, United States Exclusive; State and Federal Courts of San Francisco County, CA or New York, NY Estonia, Hong Kong, Latvia, Lithuania Laws of Sweden Non-exclusive; Courts of Sweden Spain Laws of Spain Exclusive; Courts of the consumer’s current domicile in Spain. All remaining countries Laws of Sweden Exclusive; Courts of Sweden Spotify does not accept any codes of conduct as mandatory in connection with the services provided under these Agreements. 24.2 CLASS ACTION WAIVER WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SPOTIFY 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 ACTION. Unless both you and Spotify agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. 24.3 ARBITRATION If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 24.3. is enforceable, the following mandatory arbitration provisions apply to you: 24.3.1 Dispute resolution and arbitration You and Spotify agree that any dispute, claim, or controversy between you and Spotify arising in connection with or relating in any way to these Agreements or to your relationship with Spotify as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements. 24.3.2 Exceptions Notwithstanding clause (24.3.1) above, you and Spotify both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims. 24.3.3 Arbitration rules Either you or we may start arbitration proceedings. Any arbitration between you and Spotify will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC. Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of California, United States, without regard to choice or conflicts of law principles. 24.3.4 Time for filing Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. 24.3.5 Notice; Process A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Spotify's address for Notice is: Spotify, Attn: General Counsel, 45 W. 18th Street, 7th Floor, New York, New York 10011, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Spotify may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spotify shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Spotify shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Spotify in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Spotify shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator. 24.3.6 Modifications In the event that Spotify makes any future change to this arbitration provision (other than a change to Spotify's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Spotify's address for Notice, in which case your account with Spotify shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive. 24.3.7 Enforceability If the class action waiver at Section 24.2 is found to be unenforceable in arbitration or if any part of this Section 24.3 is found to be invalid or unenforceable, then the entirety of this Section 24.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any action arising out of or related to the Agreements. 25 Contact us If you have any questions concerning the Spotify Service or the Agreements, please contact Spotify customer service by visiting the About Us section of our website. Thank you for reading our Terms. We hope you enjoy Spotify! Contracting entity: Spotify AB Birger Jarlsgatan 61, 113 56 Stockholm Sweden SE556703748501 © Spotify AB. Spotify Privacy Policy Effective as of 24 October 2016 1 Introduction 2 Key highlights of what you’re consenting to 3 The information we collect 4 How we use the information we collect 5 Sharing information 6 Your preferences 7 Transfer to other countries 8 Links 9 Security 10 Children 11 Accessing and updating user information 12 Changes to the Privacy Policy 13 Information about cookies, other technologies, and third-party data collection Hello, and welcome to our Privacy Policy. This Privacy Policy helps you to make informed decisions about your relationship with us, so please read it carefully. We hope you’re sitting comfortably and getting ready for some great tunes. Here we go… 1 Introduction Thanks for choosing Spotify. This is our Privacy Policy. Before getting into the details, we’d like to highlight some of the key principles behind it. These principles are important to us because we know they’re important to you. The Privacy Policy is here to do three things: Explain the way we use information that you share with us in order to build a great product and give you a great experience with it; Ensure that you understand what information we collect with your permission, and what we do — and do not do — with it; Hold us accountable for protecting your rights and your privacy under this policy. All the information we collect is related to providing the Spotify service and its features. Broadly speaking, there are two categories of information we collect: 1) information that we must have in order for you to use Spotify; and 2) information that we can use to provide additional features and improved experiences if you choose to share that information. The first category includes: Registration information, including your name, birth date, address, and other information you provide when you sign up for Spotify. Broad, non-specific location, which we derive from your IP address. Our licenses to deliver music and other content to you are location-specific, so we need to know what country you’re in. This also enables us to make suggestions based on your general location, like concerts or performances. The music you listen to and your interactions with the Service. This allows us to make recommendations to you and suggest relevant content. You can choose whether or not to share this information with your friends, followers, or the public. Technical and sensor information necessary to operate Spotify. This includes the type of browser and device you use, data from the touchscreen, and information from your device’s accelerometer and gyroscope sensors. This enables you to control Spotify and allows us to do simple things like rotate videos and recommend music based on whether you’re sitting still or running. The second category includes information that enables us to offer you additional features. We never receive any of the following information unless you expressly choose to share it with us. It’s as simple as that. Here are some examples: Your specific location: We will never gather or use your specific device location without first getting your explicit permission. This information enables us to create collaborative listening experiences (only with others who have also given permission), and to provide even better recommendations about locally popular music, live venues, and concerts. Your photos: We will only access images that you specifically choose, and we will never scan or import your photo library or camera roll. This allows you to choose individual pictures to change your profile picture or create cover art for a playlist. You can stop sharing photos and revoke access at any time. Your contacts: We will never scan or import your contacts unless you ask us to. If you choose to do so, we will only use your contact information to help you find friends or contacts who use Spotify. Your microphone: We will never access or use your microphone unless you give us explicit permission. This could enable you to control Spotify with your voice, and you will always have the ability to disable access to the microphone. The distinction between these two categories is important. Information in the first category is information you must provide in order to use Spotify. When you agree to our Privacy Policy, you give us the right to collect this information and use it for the purposes described. Information in the second category is information we will only collect if you explicitly give us permission to do so in the future. For this second category of information, we will ask for your permission before first accessing it, we will describe how we will use it if you give us permission, we will only use the information for the purpose we described, and you will always have the ability to change your mind and revoke that permission. Acceptance of our Privacy Policy does not mean you have granted us permission to access or use information in the second category; we’re just explaining to you that one day we might ask you for that permission. We will be clear with you about how and when we might share information. In some contexts, we will share certain information. For example, like most services, if you sign up for Spotify through a third party like Facebook or a mobile provider, we share some information with them and they share some information with us in order to enable your account. And we also share de-identified information with our music industry partners to help them understand how the content they license to us is performing, with marketing partners who help us with promotional efforts, and with advertisers that allow us to offer a free service. There also may be times when you want us to share information. For example, when you make playlists, you might want those playlists to be visible to your friends… and you might not. Similarly, you can ask us to share information (like your email address) with artists or record labels, or other partners who may want to directly send you news or promotional offers, but you can also revoke that permission at any time. We hope this helps you to understand our privacy commitments to you. Now, the details await you below, but please remember that this Introduction is part of the Privacy Policy itself — it’s our promise to you. If you ever have any questions or concerns, then please let us know at privacy@spotify.com. Throughout this Privacy Policy we refer to the Spotify Service or the Service. These terms are defined in our Terms and Conditions of Use (the “Terms and Conditions of Use”). 2 Key highlights of what you’re consenting to By using or interacting with the Service, you are consenting to: the use of cookies and other technologies; the transfer of your information outside of the country where you live; the collection, use, sharing, and other processing of your information, including for advertising-related purposes (as described in the rest of this Privacy Policy, so please keep on reading!); and the public availability of your information and the controls over such information as described in Sharing information. In each case, you consent to the processing of data by the entities described in this Privacy Policy, including the Spotify entity, as data controller, indicated at the bottom of this document (collectively, “Spotify”, “we”, “us”, “our”). In the Your Preferences section, we describe the controls and relevant settings associated with your Spotify account. If you don't agree with the terms of this Privacy Policy, then please don't use the Service. 3 The information we collect We may collect and store the following information— 3.1 Registration data When you sign up for the Service, we may ask you for information such as your username, password, email address, date of birth, gender, address, postal code, and country. If you connect to the Service using credentials from a Third Party Application (as defined in the Terms and Conditions of Use) (e.g., Facebook), you authorise us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Third Party Application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks. You may also choose to voluntarily add other information to your profile, such as your mobile phone number and mobile service provider. 3.2 Usage, log data & cookies When you use or interact with the Service, we may use a variety of technologies that collect information about how the Service is accessed and used. This information may include: information about your type of subscription and your interactions with the Service, such as interactions with songs, playlists, other audiovisual content, other Spotify users, Third Party Applications, and advertising, products, and services which are offered, linked to, or made available on or through the Service; the details of the queries you make and the date and time of your request; User Content (as defined in the Terms and Conditions of Use) you post to the Service including messages you send and/or receive via the Service; technical data, which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Spotify Service, unique device ID, device attributes, network connection type (e.g., WiFi, 3G, LTE) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and Spotify application version. motion-generated or orientation-generated mobile sensor data (e.g., accelerometer or gyroscope). You may integrate your Spotify account with Third Party Applications. If you do, we may receive similar information related to your interactions with the Service on the Third Party Application, as well as information about your publicly available activity on the Third Party Application. This includes, for example, your “Like”s and posts on Facebook. We may use cookies and other technologies to collect this information; you can learn more about such use in the section Information about cookies and other technologies of this Privacy Policy. 3.3 Your mobile device We may provide features that rely on the use of additional information on your mobile device or require access to certain services on your mobile device that will enhance your Spotify experience but are not required to use the Service. (In other words, information that falls in the second category described in the Introduction to this Policy.) For example, we might allow you to upload photos to your profile, connect with friends, or let you use voice commands to control the Service. Granting us access does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. To the contrary, for each type of information listed in this section, before we access this information or these features of your mobile device, we will ask for your permission. If you provide such permission, we will collect the information for the specific purposes explained at the time we ask for your permission. You do not have to give us such permission in order to use Spotify, and acceptance of this Privacy Policy does not mean you have granted us permission to access this information. In particular: Photos and Camera: We will not access your photos or camera without first getting your explicit permission and we will never scan or import your photo library or camera roll. If you give us permission to access photos or your camera, we will only use images that you specifically choose to share with us. (You may use our application to select the photo or photos you choose to share, but we will never import the photos you review except those you explicitly share.). Location: We will not gather or use the specific location of your mobile device (by using, for example, GPS or Bluetooth) without first getting your explicit permission. And if you choose to share location information but later change your mind, you will always have the ability to stop sharing. Please note that this does not include IP address. We will continue to use your IP address as described in Section 3.2 above, to determine, for example, what country you are in and comply with our licensing agreements. Voice: We will not access your microphone without first getting your explicit permission. You will always have the ability to disable microphone access. Contacts: We will not scan or import your contacts stored on your phone without first getting your explicit permission. We will only use the contact information to help you find friends or contacts who use Spotify if you choose to do so, and we will not use contact information for any other purpose without first getting your separate explicit permission. Local law may require that you seek the consent of your contacts to provide their personal information to Spotify, which may use that information for the purposes specified in this Privacy Policy. 3.4 Widget data Other websites may integrate Spotify widgets (such as the Spotify Play Button or Spotify Follow Button). When you visit a site with a Spotify widget embedded, we may receive certain information, including information about the web page you visited. Spotify and the widget can recognise you, and the widget may be used to show personalised content or advertising. We know when you interact with a widget, and websites containing the widgets may receive this information. 3.5 Payment data If you sign up for a Trial (as defined in the Terms and Conditions of Use), purchase any of our Paid Subscriptions (as defined in the Terms and Conditions of Use), or make other purchases through the Service, your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by us and/or the payment processors with which we work. We may also collect some limited information, such as your postal code, mobile number, and details of your transaction history, all of which are necessary to provide the Service. In addition, the payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and certain digits of your card number. If you choose to pay by invoice, Spotify may need to collect and store additional information, like your name, date of birth, and phone number, and provide it to payment processors we work with to issue invoices, to enable credit checks and to send you invoices. BY ACCEPTING THE PRIVACY POLICY, YOU EXPRESSLY AUTHORISE SPOTIFY TO USE AND SHARE WITH OTHER COMPANIES IN THE SPOTIFY GROUP, AS WELL AS CERTAIN TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE OF THE COUNTRY OF YOUR RESIDENCE (INCLUDING COUNTRIES WHICH DO NOT PROVIDE THE SAME LEVEL OF PROTECTION FOR THE PROCESSING OF PERSONAL DATA AS THE COUNTRY OF YOUR RESIDENCE), THE INFORMATION PROVIDED BY YOU TO SPOTIFY, EVEN IF SUCH INFORMATION IS COVERED BY LOCAL BANKING SECRECY LAWS. YOU ACKNOWLEDGE AND AGREE TO THE IMPORTANCE OF SHARING SUCH INFORMATION FOR THE PROVISION OF THE SPOTIFY SERVICE AND ALSO AGREE THAT, BY ACCEPTING THIS PRIVACY POLICY, WHERE APPLICABLE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER SUCH BANK SECRECY LAWS WITH REGARD TO SPOTIFY, ANY COMPANY IN THE SPOTIFY GROUP, AND ANY TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE YOUR COUNTRY OF RESIDENCE. THIS CONSENT IS GIVEN FOR THE DURATION OF YOUR RELATIONSHIP WITH SPOTIFY. 3.6 Sweepstakes, contests & surveys From time to time, we may offer you the opportunity to participate in promotions such as sweepstakes, contests, offers, and/or surveys (“Special Promotions”) through the Service. A Special Promotion may be governed by a privacy policy and/or terms and conditions that are additional to, or separate from, this Privacy Policy and the Terms and Conditions of Use. If the provisions of the Special Promotion’s privacy policy or terms and conditions conflict with this Privacy Policy or the Terms and Conditions of Use, those additional or separate provisions shall prevail. If you participate in a Special Promotion, we may ask you for certain information in addition to what is stated in this Privacy Policy, including personal information. That additional information may be combined with other account information and may be used and shared as described in this Privacy Policy. 3.7 Spotify service providers and partners We may also receive information about you from our service providers and partners, which we use to personalise your Spotify experience, to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you. We also use this information as explained in the section How we use the information we collect below. 4 How we use the information we collect Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information: to provide, personalise, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit), for example by providing customised, personalised, or localised content, recommendations, features, and advertising on or outside of the Service; to ensure technical functionality of the Service, develop new products and services, and analyse your use of the Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service; to communicate with you for Service-related or research purposes including via emails, notifications, text messages, or other messages, which you agree to receive; to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your Spotify account settings); in the section Your preferences below, we inform you of the controls you can use to opt out from receiving certain messages; to, if you explicitly provide us your permission, use your mobile phone number to send you informational, marketing and promotional text messages using an automatic dialing system; you are not required to provide consent as a condition of signing up for Spotify’s services; to enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service; to process your payment or prevent or detect fraud; to enforce this Privacy Policy, the Terms and Conditions of Use, and any other terms that you have agreed to, including to protect the rights, property, or safety of Spotify, its users, or any other person, or the copyright-protected content of the Service; to provide you with features, information, advertising, or other content which is influenced by your location and your location in relation to other Spotify users; and as otherwise stated in this Privacy Policy. 5 Sharing information This section describes how the information collected or generated through your use of the Spotify service may be shared by you or by us. 5.1 Sharing by you 5.1.1 Generally The Spotify Service is a social service that offers many ways to find, enjoy, and share content. We encourage you to take advantage of these social features with others on the Service. Your name and/or username, profile picture, who you follow, who follows you, and your Spotify user profile will always be publicly available. Playlists created or followed, your activity on the Service (e.g., what you listen to, music you share), recently played artists, your top tracks, your top artists, and User Content you post, upload, and/or contribute to the Service are made publicly available by default. Your activity on the Service (e.g., what you listen to, music you share) will automatically appear on the Service and will, for example, be accessible by users who follow you or view your Spotify profile. If you create a playlist, the playlist will be publicly displayed by default, which means that it will also be displayed publicly in third-party search engine results and may appear together with other public profile information, such as your picture and name and/or username. Although this information is made public by default, in Your preferences below, we describe the controls that you can use, along with other relevant settings associated with your Spotify account, to limit the sharing of your information. Please remember that certain information is always publicly available, which means that it can be accessed by Third Party Applications through our APIs and developer tools. Based on your permissions, some additional information can be shared with Third Party Applications and with others through Third Party Applications. For example, you can use your settings to control whether your Spotify activity is posted to Facebook. Similarly, you may consent to provide Third Party Applications with access to your email address, subscription status, location, birthday, or similar information, upon their request. We may use your public information to promote the Service and to help others find and follow you and/or your Spotify content, including through Facebook and other Third Party Applications and on websites that embed Spotify widgets. Your information may be used to notify others, including within the Service, via email, and through Facebook and Third Party Applications, about your use of the Service (e.g., that you have joined Spotify or activity related to a Spotify profile, such as adding or removing tracks from a playlist). With your explicit permission, we may notify other users of your location. Likewise, with other Spotify users’ explicit permission, we may notify you about their whereabouts. We may offer you the ability to share this information to create shared experiences. Learn more about how to manage notifications, your publicly available information, and what you share with others in Your preferences below. 5.1.2 Third Party Applications If you connect your Spotify account to a Third Party Application, Spotify may automatically share your activity and activity-related stories with that service, including the content you consume. You understand and agree that that such information may be attributed to your account on the Third Party Application and may be published on such service. Although this information may be automatically shared by default, we inform you of the controls that you can use to limit the sharing of this information in the section Your preferences below. The Third Party Application may also provide similar controls. If you log into a Third Party Application with your Spotify account, that Third Party Application may have access to certain information such as your playlists, content saved, and activity. With your explicit permission, we may also share additional information such as your email address, subscription status, location, or birthdate with such Third Party Applications. Spotify also enables you to share a particular item of content or a playlist that you have created, on an individual basis, to Third Party Applications, other third party services, other Spotify users, and others. Please note that if you share content to a Third Party Application or a third party service, it will be viewable by others within the Spotify Service, regardless of your Spotify account settings. You understand and agree that a Third Party Application’s use of information collected from you (or as authorised by you) is governed by the Third Party Application’s privacy policies and your settings on the relevant service, and Spotify’s use of such information is governed by this Privacy Policy and your Spotify account settings. 5.1.3 Support Community When you register for a Spotify Support Account on the Spotify Support Community, we will ask you to create a specific Spotify Support Community username, which will be publicly displayed to anyone who accesses the Spotify Support Community. If you choose not to create such a username, your Spotify username or your Facebook display name will be publicly displayed when you post User Content. 5.2 Sharing by Spotify 5.2.1 Marketing and advertising We may share information with advertising partners in order to send you promotional communications about Spotify or to show you more tailored content, including relevant advertising for products and services that may be of interest to you, and to understand how users interact with advertisements. The information we share is in a de-identified format (for example, through the use of hashing) that does not personally identify you. Please see the section Information about cookies, other technologies, and third-party data collection below for information about the cookies and other technologies that we and third parties use to serve you more relevant ads and your options. 5.2.2 Service providers and others We may from time to time share your information with service providers to perform functions and process user data and help provide our Services, consistent with this Privacy Policy. For example, we work with service providers to host our Spotify Support Community Site and analytics providers to help us understand the use of our Services. Where a third party processes user data on our behalf (e.g., a hosting service provider), it is subject to security and confidentiality obligations consistent with this Privacy Policy and applicable law. Where a third party processes user data on its own behalf, its processing is subject to its own Privacy Policy and applicable law. 5.2.3 Rights holders The Spotify service allows you to listen to fully-licensed streaming content. Spotify shares information with the rights holders that license this content to Spotify. The data that Spotify shares is in a de-identified format that does not identify you directly, unless you opt in to the sharing of your personal information. 5.2.4 Certain Spotify partners If you access the Spotify Service through an offer that you received or purchased from a third party such as your mobile network operator, we may also share information with that third party about your use of the Spotify Service, such as whether and to what extent you have used the offer, activated a Spotify account, or actively used the Service. 5.2.5 Other sharing In addition to the above, we may also share your information with third parties for these limited purposes: to allow a merger, acquisition, or sale of all or a portion of our assets; to respond to legal process (e.g., a court order or subpoena), if we believe in good faith that it is necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; to protect the rights and property of Spotify, including to enforce the Terms and Conditions of Use and any other terms that you have agreed to; and to address fraud, security, or technical issues; to academic researchers for purposes including statistical analysis and academic study, but only in a de-identified format; to publish de-identified or aggregate information about the use of the Spotify Service; and to allow other companies in the Spotify group to use your information as specified in this Privacy Policy. 6 Your preferences We provide you with settings to allow you to choose which communications you receive from us, manage your public information, and set your sharing preferences. However, as explained in the section Sharing by you, certain information may always be publicly available to others and other information is made publicly available to others by default. And if you share information to a Third Party Application, that information is viewable on Spotify, regardless of how you set your privacy settings. To change whether certain information is publicly available, you can adjust the settings in your account. View instructions for adjusting the relevant settings on Spotify’s website. Information that is publicly available, such as playlists, may be used, re-shared, or linked to by others on the Service or across the web, so please use Spotify carefully and be mindful of your settings. Remember that even if you remove a playlist or make a playlist private, others who already subscribe to it or who otherwise have access to it (e.g., via a link) may still have access to it. Also keep in mind that playlists and other information added to your profile may include personal information, such as username, which could enable other persons to find you within the Spotify Service or other services. 7 Transfer to other countries Spotify transfers, processes and stores information about our users on servers located in a number of countries. Accordingly, Spotify may share your information with other companies in the Spotify group in order to carry out the activities specified in this Privacy Policy. Spotify may also subcontract processing to, or share your information with, third parties located in countries other than your home country. Your personal information may therefore be subject to privacy laws that are different from those in your country of residence. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where you may have fewer legal rights in relation to your information. The Spotify group will process your information as described in this Privacy Policy. 8 Links We may display advertisements from third parties and other content that links to third party websites. We cannot control or be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information. 9 Security We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the Spotify Service. While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information. 10 Children The Spotify Service is not directed to children under the age of 13. (In some countries, stricter age limits may apply. See our Terms and Conditions of Use.) We do not knowingly collect personal information from children under 13 or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, do not use the Service and do not provide any personal information to us. If you are a parent of a child under the Age Limit and become aware that your child has provided personal information to Spotify, please contact us at privacy@spotify.com and you may request exercise of your applicable access, rectification, cancellation, and/or objection rights. If you are a California resident under the age of 18 and you wish to remove publicly available content, please contact us at eraser@spotify.com. 11 Accessing and updating user information You can view and amend much of the information we keep about you through your account and profile pages. If you have questions about your privacy on the Service, this privacy policy, or information we have about you, please contact us at privacy@spotify.com. You can also contact our privacy representative by sending a letter to Spotify, Attn: Privacy Officer, Legal Department, 45 West 18th Street, 7th Floor, New York, NY 10011, United States. We will respond to your request within a reasonable period of time upon verification of your identity in accordance with local laws. We recommend you include documents that prove your identity and a clear and precise description of the information which you request access to. 12 Changes to the Privacy Policy Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form. 13 Information about cookies, other technologies and third-party data collection This section describes use of cookies and other technologies. For further information about how information may be shared by Spotify, please see the section Sharing by Spotify. 13.1 What are cookies and other technologies? A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognise your device the next time you visit their website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an email, which indicate that a page or email has been viewed), web bugs (similar to pixel tags), and web storage, which are used in desktop software or mobile devices. There are also technologies such as mobile device identifiers and SDK integrations to help companies recognise your device when you return to an app or otherwise use the a service. 13.2 How we use cookies and other technologies We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them). We use the following types of cookies for the purposes explained in this chart: Cookie Type Purpose Essential Operational These cookies are necessary to allow us to operate the Spotify Service as you have requested. For example, they let us recognise what type of subscriber you are and then provide you with services accordingly. Performance / Analytics We use these cookies to analyse how the Spotify Service is accessed, is used, or is performing. We use this information to maintain, operate, and continually improve the Spotify Service. We may also obtain information from our email newsletters, including whether you opened or forwarded a newsletter or clicked on any of its content. This information tells us about our newsletters' effectiveness and helps us ensure that we're delivering information that you find interesting. Functional These cookies let us operate certain functions of the Spotify Service in line with the choices you make. These cookies mean that when you continue to use or come back to the Spotify Service, we can provide you with our services as you have asked for them to be provided, such as knowing your username, remembering how you have customised our services, and reminding you of content you have enjoyed. Targeting / advertising We use these cookies to serve you with advertisements that may be relevant to you and your interests. The information may also be used for frequency capping purposes (e.g., to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness. Third Party We may allow our business partners to use cookies on or outside the Spotify Service for the same purposes identified above, including collecting information about your online activities over time and across different websites. We may also use service providers acting on our behalf to use cookies for the purposes identified above. Spotify Ads We work with web publishers, advertising networks, and service providers to deliver Spotify ads on other web sites and services. Cookies may be used to serve you with advertisements that may be relevant to you and your interests on other web sites and services and to regulate the advertisements you receive and measure their effectiveness. We also use mobile device identifiers and the other technologies identified in Section 13.1 for the purposes articulated in this Privacy Policy, for example to recognise your device when you return to the Spotify app or otherwise use the Spotify Services. 13.3 Manage your cookie and other preferences Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences. Please note that if you choose to block cookies, doing so may impair the Spotify Service or prevent certain elements of it from functioning. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals. We use the AdChoices Icon on our website, and it may also appear on certain targeted advertisements that we (or a service provider acting on our behalf) send to you based on information about your online activities. You may click on the AdChoices icon or visit aboutads.info to receive more information about the collection and use of information about your online activities for online behavioral advertising or to learn how to opt out of having your data used for online behavioral advertising by Digital Advertising Alliance (DAA) participating companies. Canadian users can also visit youradchoices.ca. European users can also visit youronlinechoices.com to learn how to opt out of having their data used for online behavioral advertising by European Interactive Digital Advertising Alliance (EDAA) member companies. Another available tool is the Network Advertising Initiative’s (NAI) Opt-Out Tool at networkadvertising.org/choices. This allows you to opt out from the use of information about your online activities for online behavioral advertising by NAI member companies. On your mobile device, you may also have a “Limit Ad Tracking” setting (on iOS devices) or a setting to “Opt out of Interest-Based Ads” (on Android) which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests. Please note that even if you opt out using the mechanisms above, you may still receive advertisements when using the Spotify Service. We work with advertising partners to serve advertisements on the Spotify Service. One of the services we use to track activity related to the Service, e.g., by placing cookies, is Google Analytics by Google (Google, Inc. a company headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). We may use vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on your past visits to our websites, including Google Analytics for Display Advertising. Google provides tools to manage the collection and use of certain information by Google Analytics at tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings at google.com/settings/ads. You hereby consent to the use of the cookies and other technologies described above. 13.4 More information For more information about the use of cookies and how to block them, visit allaboutcookies.org, youronlinechoices.eu (Europe), or aboutads.info/choices (United States). If you have any questions or comments about our use of cookies, please contact us at privacy@spotify.com. Thank you for reading our Privacy Policy. We hope you enjoy Spotify! Data controller: Spotify AB Birger Jarlsgatan 61, 113 56 Stockholm Sweden © Spotify AB. Snap Inc. Terms of Service Effective: September 23, 2016 Welcome! We’re thrilled you’ve decided to use Snapchat and our other products and services, all of which we refer to simply as the “Services.” We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Snap Inc. So please read them carefully. By using the Services, you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services. ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND SNAP INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 1. Who Can Use the Services No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you state that: You can form a binding contract with Snap Inc. You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition. You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity. If you are using the Services on behalf of an entity of the U.S. Government, you agree to the Amendment to Snap Inc. Terms of Service for U.S. Government Users. 2. Rights We Grant You Snap Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so. 3. Rights You Grant Us Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected. For all Services other than Live, Local, and any other crowd-sourced Service, you grant Snap Inc. a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. Because Live, Local, and any other crowd-sourced Services are inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content submitted to Live, Local, or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Live, Local, or other crowd-sourced content, you also grant Snap Inc. and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from Snap Inc. or our business partners if your name, likeness, or voice is conveyed through Live, Local, or other crowd-sourced Services, either on the Snapchat application or on one of our business partner’s platforms. For more information about how to tailor who can watch your content, please take a look at our Privacy Policy and Support Site. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service. The Services may contain advertisements. In consideration for Snap Inc. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content. We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you. 4. The Content of Others Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Snap Inc. reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services. Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines. 5. Privacy Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Snap Inc. can collect, use, and transfer your information consistent with that policy. 6. Respecting Other People's Rights Snap Inc. respects the rights of others. And so should you. You therefore may not upload, post, send, or store content that: violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right. bullies, harasses, or intimidates. defames. spams or solicits our users. You must also respect Snap Inc.’s rights. These Terms do not grant you any right to: use branding, logos, designs, photographs, videos, or any other materials used in our Services. copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms. use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent. In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so. 7. Respecting Copyright Snap Inc. honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Snap Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please fill out this form. Or you may file a notice with our designated agent: Snap Inc. Attn: Copyright Agent 63 Market Street Venice, CA 90291 email: copyright@snap.com If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner. identify the copyrighted work claimed to have been infringed. identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material. provide your contact information, including your address, telephone number, and an email address. provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 8. Safety We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that: You will not use the Services for any purpose that is illegal or prohibited in these Terms. You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information. You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent. You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. You will not use or attempt to use another user’s account, username, or password without their permission. You will not solicit login credentials from another user. You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence. You will not upload viruses or other malicious code or otherwise compromise the security of the Services. You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access. You will not probe, scan, or test the vulnerability of our Services or any system or network. You will not encourage or promote any activity that violates these Terms. We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never Snap and drive. And never put yourself or others in harm’s way just to capture a Snap. 9. Your Account You are responsible for any activity that occurs in your Snapchat account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. By using the Services, you agree that, in addition to exercising common sense: You will not create more than one account for yourself. You will not create another account if we have already disabled your account, unless you have our written permission to do so. You will not buy, sell, rent, or lease access to your Snapchat account, Live, Snaps, a Snapchat username, or a friend link without our written permission. You will not share your password. You will not log in or attempt to access the Services through unauthorized third-party applications or clients. If you think that someone has gained access to your account, please immediately reach out to Snapchat Support. 10. Memories Memories is our data-storage service that makes it easier for you to reminisce anytime, anywhere. By agreeing to these Terms, you will automatically enable Memories. Once Memories is enabled, it will remain enabled for as long as you maintain your Snapchat account. But you can always turn off certain Memories features through Settings. One of the options we provide with Memories is the ability to create a restricted area by setting a passcode, which might be a PIN or a passphrase or some other mechanism. This is similar to the device-lock option you may be using on your mobile device; by setting a passcode, you make it less likely that another person who gets ahold of your device will be able to see what you saved to the restricted area of Memories. But here’s a big warning: IF YOU LOSE OR FORGET YOUR MEMORIES PASSCODE, OR IF YOU ENTER THE WRONG ONE TOO MANY TIMES, YOU WILL LOSE ACCESS TO ANY CONTENT YOU SAVED IN THE RESTRICTED AREA OF MEMORIES. We don’t offer any passcode recovery features for this restricted area. You are solely responsible for remembering your passcode. Please go to our Support Site for more details on passcodes. Your content in Memories might become unavailable for any number of reasons, including things like an operational glitch or a decision on our end to terminate your account. Since we can’t promise that your content will always be available, we recommend keeping a separate copy of content you save to Memories. We make no promise that Memories will be able to accommodate your precise storage needs. We reserve the right to set storage limits for Memories, and we may change these limits from time to time in our sole discretion. And just as with our other Services, your use of Memories may take up space on your device and may incur mobile data charges. You may not resell any Memories features. This means you can’t do something like use Memories to operate your own file-storage or distribution service for other people. 11. Data Charges and Mobile Phones You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services. If you change or deactivate the mobile phone number that you used to create a Snapchat account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you. 12. Third-Party Services If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Snap Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms. 13. Modifying the Services and Termination We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong Snapchatter, you can terminate these Terms at any time and for any reason by deleting your account. Snap Inc. may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and Snap Inc. continue to be bound by Sections 3, 6, 9, 10, and 13-22 of the Terms. 14. Indemnity You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Snap Inc., our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms. 15. Disclaimers We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE SNAP INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. SNAP INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH SNAP INC. WILL BE RESPONSIBLE FOR. 16. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNAP INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SNAP INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SNAP INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID SNAP INC., IF ANY, IN THE LAST 12 MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 17. Arbitration, Class-Action Waiver, and Jury Waiver PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND SNAP INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. Applicability of Arbitration Agreement. You and Snap Inc. agree that all claims and disputes, including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Snap Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” includes claims and disputes that arose between us before the effective date of these Terms. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise. Fees. If you choose to arbitrate with Snap Inc., you will not have to pay any fees to do so. That is because Snap Inc. will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, Snap Inc. will pay that forum’s fees as well. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Snap Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Snap Inc. Waiver of Jury Trial. YOU AND SNAP INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Snap Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Snap Inc. over whether to vacate or enforce an arbitration award, YOU AND SNAP INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Snap Inc. can force the other to arbitrate. To opt out, you must notify Snap Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Snapchat username and the email address you used to set up your Snapchat account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Snap Inc., ATTN: Arbitration Opt-out, 63 Market Street, Venice, CA 90291, or email the opt-out notice to arbitration-opt-out@snap.com. Small Claims Court. Notwithstanding the foregoing, either you or Snap Inc. may bring an individual action in small claims court. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Snap Inc. 18. Exclusive Venue To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Snap Inc. agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Snap Inc. consent to the personal jurisdiction of both courts. 19. Choice of Law Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes arising out of or relating to these Terms or their subject matter, including tort and statutory claims and disputes. 20. Severability If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. 21. Additional Terms for Specific Services Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. 22. Final Terms These Terms make up the entire agreement between you and Snap Inc., and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent. These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control. Contact Us Snap Inc. welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting https://support.snapchat.com/. Snap Inc. is located in the United States at 63 Market Street, Venice, California 90291. Privacy Policy Last Modified: September 27, 2016 Snapchat is a fast and fun way to share experiences with your friends and the world around you. You can send a photo or video Snap to friends, chronicle your day through Story, touch base using Chat, immerse yourself in global events through Live, and enjoy handcrafted stories from the world’s top publishers on Discover. When you use these services—and any others we at Snap Inc. roll out, whether in the Snapchat app or elsewhere—you’ll share some information with us. We get that that can affect your privacy. So we want to be upfront about the information we collect, how we use it, whom we share it with, and the choices we give you to control, access, and update your information. That’s why we’ve written this Privacy Policy. And it’s why we’ve tried to write it in a way that’s blissfully free of the legalese that often clouds these documents. Of course, if you still have questions about anything in our Privacy Policy, just contact us. One final point before we dive in: We’re happy to report that we participate in the EU-U.S. Privacy Shield, which you can read more about here. Information We Collect There are three basic categories of information we collect: Information you choose to give us. Information we get when you use our services. Information we get from third parties. Here’s a little more detail on each of these categories. Information You Choose to Give Us When you interact with our services, we collect the information that you choose to share with us. For example, most of our services require you to set up a basic Snapchat account, so we need to collect a few important details about you, such as: a unique username you’d like to go by, a password, an email address, a phone number, and your date of birth. To make it easier for others to find you, we may also ask you to provide us with some additional information that will be publicly visible on our services, such as profile pictures, a name, or other useful identifying information. Other services, such as commerce products, may also require you to provide us with a debit or credit card number and its associated account information. Of course, you’ll also provide us whatever information you send through the services, such as Snaps and Chats to your friends. Keep in mind that the users you send Snaps, Chats, and any other content to can always save that content or copy it outside the app. So, the same common sense that applies to the Internet at large applies to Snapchat as well: Don’t send messages or share content that you wouldn’t want someone to save or share. It probably goes without saying, but we’ll say it anyway: When you contact Snapchat Support or communicate with us in any other way, we’ll collect whatever information you volunteer. Information We Get When You Use Our Services When you use our services, we collect information about which of those services you’ve used and how you’ve used them. We might know, for instance, that you watched a particular Live Story, saw a specific ad for a certain period of time, and sent a few Snaps to friends. Here’s a fuller explanation of the types of information we collect when you use our services (to learn about how you can control some of this information, be sure to read the aptly titled Control over Your Information section below): Usage Information. We collect information about your activity through our services. For example, we may collect information about: how you interact with the services, such as which filters you view or apply to Snaps, which channels you watch on Discover, or which search queries you submit. how you communicate with other Snapchatters, such as their names, the time and date of your communications, the number of messages you exchange with your friends, which friends you exchange messages with the most, and your interactions with messages (such as when you open a message or capture a screenshot). Content Information. We collect information about the content you provide, such as if the recipient has viewed the content and the metadata that is provided with the content. Device Information. We collect device-specific information, such as the hardware model, operating system version, advertising identifier, unique application identifiers, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number). Device Phonebook. Because Snapchat is all about communicating with friends, we may—with your consent—collect information from your device’s phonebook. Camera and Photos. Many of our services require us to collect images and other information from your device’s camera and photos. For example, you won’t be able to send Snaps or upload photos from your camera roll unless we can access your camera or photos. Location Information. When you use our services we may collect information about your location. With your consent, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses. Information Collected by Cookies and Other Technologies. Like most online services and mobile applications, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and device. We may also use these technologies to collect information when you interact with services we offer through one of our partners, such as commerce features. Most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our services. To learn more about how we use cookies and your choices, please check out our Cookie Statement. To learn more about how third parties use these technologies on our services, be sure to read the Analytics and Advertising Services Provided by Others section of our Privacy Policy. Log Information. We also collect log information when you use our website. That information includes, among other things: details about how you’ve used our services. device information, such as your web browser type and language. access times. pages viewed. IP address. identifiers associated with cookies or other technologies that may uniquely identify your device or browser. pages you visited before or after navigating to our website. Information We Collect from Third Parties We may collect information that other users provide about you when they use our services. For example, if another user allows us to collect information from their device phonebook—and you’re one of that user’s contacts—we may combine the information we collect from that user’s phonebook with other information we have collected about you. We may also obtain information from other companies that are owned or operated by us, or any other third-party sources, and combine that with the information we collect through our services. How We Use Information What do we do with the information we collect? The short answer is: Provide you with an amazing set of products and services that we relentlessly improve. Here are some of the ways we do that: develop, operate, improve, deliver, maintain, and protect our products and services. communicate with you. monitor and analyze trends and usage. personalize the services by, among other things, suggesting friends or profile information, or customizing the content we show you, including ads. contextualize your experience by, among other things, tagging your Memories content using your precise location data (if, of course, you’ve consented to us collecting that data) and applying other labels based on the content. improve ad targeting and measurement, including through the use of your precise location data (again, if you’ve consented to us collecting that data). See the “Control Over Your Information” section below for more information about Snap Inc.’s advertising practices and your choices. enhance the safety and security of our products and services. verify your identity and prevent fraud or other unauthorized or illegal activity. use information we’ve collected from cookies and other technology to enhance the services and your experience with them. enforce our Terms of Service and other usage policies. We may also store some information locally on your device. For example, we may store information as local cache so that you can open the app and view content faster. How We Share Information We may share information about you in the following ways: With other Snapchatters. We may share the following information with other Snapchatters: information about you, such as your username and name. information about how you have interacted with the services, such as your Snapchat “score,” the names of Snapchatters you are friends with, and other information that will help Snapchatters understand your connections with others using the services. For example, because it may not be clear whether a new friend request comes from someone you actually know, we may share whether you and the requestor have Snapchat friends in common. any additional information you have consented for us to share. For example, when you let us access your device phonebook, we may share information about you with other users who have your phone number in their device phonebook. content you post or send will be shared with other Snapchatters; how widely your content is shared depends on your personal settings and the type of service you are using. For example, a Snap may be sent to just a single friend you select, but your My Story content may be seen by any Snapchatter whom you allow to see your My Story. With all Snapchatters and the general public. We may share the following information with all Snapchatters as well as the general public: public information like your Snapcode and profile pictures. any content that you submit to Live, Local, or any other crowd-sourced service. If a Live, Local, or any other crowd-sourced service is streamed on the web or broadcast in some other media, it may be viewed by the public at large. With our affiliates. We may share information with entities within the Snap Inc. family of companies. With third parties. We may share your information with the following third parties: With service providers, sellers, and partners. We may share information about you with service providers who perform services on our behalf, sellers that provide goods through our services, and business partners that provide services and functionality. With third parties for legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to: comply with any valid legal process, governmental request, or applicable law, rule, or regulation. investigate, remedy, or enforce potential Terms of Service violations. protect the rights, property, and safety of us, our users, or others. detect and resolve any fraud or security concerns. With third parties as part of a merger or acquisition. If Snap Inc. gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes. In the aggregate or after de-identification. We may also share with third parties, such as advertisers, aggregated or de-identified information that cannot reasonably be used to identify you. Information You Choose to Share with Third Parties The services may also contain third-party links and search results, include third-party integrations, or offer a co-branded or third-party-branded service. By going to those links, using the third-party integration, or using a co-branded or third-party-branded service, you may be providing information (including personal information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party website or service that you visit or use, including those third parties you interact with through our services. How Long We Keep Your Content Snapchat lets you capture what it’s like to live in the moment. On our end, that means that we automatically delete the content of your Snaps (the photo and video messages that you send your friends) from our servers after we detect that a Snap has been opened by all recipients or has expired. But remember: There are various ways Snapchatters can save your content and also upload it to Snapchat (like as an attachment in Chat). We go into more detail below about how users can save Snapchat content. Outside of Snaps, the rest of our services may use content for longer periods of time, which means those services may follow different deletion protocols. So, for example, we retain your Story content a bit longer than Snaps so that your friends have more time to view your Story. Or, if you submit content to one of our inherently public features, such as Live, Local, or any other crowd-sourced service, we may retain the content indefinitely. If you have any questions about how a feature works you can just pop on over to our Support Site. Finally—and this is important—you should understand that users who see the content you provide can always save it using any number of techniques: screenshots, in-app functionality, or any other image-capture technology. It’s also possible, as with any digital information, that someone might be able to access messages forensically or find them in a device’s temporary storage. Keep in mind that, while our systems are designed to carry out our deletion practices automatically, we cannot promise that deletion will occur within a specific timeframe. And we may need to suspend those deletion practices if we receive valid legal process asking us to preserve content or if we receive reports of abuse or other Terms of Service violations. Finally, we may also retain certain information in backup for a limited period of time or as required by law. Control over Your Information We want you to be in control of your information, so we provide you with the following tools. Access and Updates. We strive to let you access and update most of the personal information that we have about you. There are limits though to the requests we’ll accommodate. We may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful. You can access and update most of your basic account information right in the app by visiting the app’s Settings page. If you need to access, update, or delete other personal information that we may have, you can put in a request here. Because your privacy is important to us, we may ask you to verify your identity or provide additional information before we let you access or update your personal information. We will try to update and access your information for free, but if it would require a disproportionate effort on our part, we may charge a fee. We will of course disclose the fee before we comply with your request. Revoking Permissions. If you change your mind about our ongoing ability to collect information from certain sources that you have already consented to, such as your phonebook or location services, you can simply revoke your consent by changing the settings on your device if your device offers those options. Of course, if you do that, certain services may lose full functionality. Account Deletion. While we hope you’ll remain a lifelong Snapchatter, if for some reason you ever want to delete your account, just go here. If you ask to delete your account, you will have up to 30 days to restore your account before we delete your information from our servers. During this period of time, your account will not be visible to other Snapchatters. Advertising Preferences. We try to show you ads that we think will be relevant to your interests. If you would like to modify the information we and our advertising partners use to select these ads, go here to learn about the choices available to you. Communicating with other Snapchatters. It’s also important to us that you stay in control over whom you communicate with. That’s why we’ve built a number of tools in Settings that let you indicate, among other things, who you want to see your Stories, whether you’d like to receive Snaps from just your friends or all Snapchatters, and whether you’d like to block another Snapchatter from contacting you again. For more information about how to control your privacy settings, check out our Support Site. Analytics and Advertising Services Provided by Others We may let other companies use cookies, web beacons, and similar tracking technologies on the services. These companies may collect information about how you use the services and other websites and online services over time and across different services. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity. Additionally, some companies may use information collected on our services to deliver targeted advertisements on behalf of us or other companies, including on third-party websites and apps. For more information about interest-based ads and the choices available to you, go here. Users Outside the United States Although we welcome Snapchatters from all over the world, keep in mind that no matter where you live or where you happen to use our services, your information may be shared within the Snap Inc. family of companies. This means that we may collect your personal information from, transfer it to, and store and process it in the United States and other countries outside of where you live. Children Our services are not intended for—and we don’t direct them to—anyone under 13. And that’s why we do not knowingly collect personal information from anyone under 13. Revisions to the Privacy Policy We may change this Privacy Policy from time to time. But when we do, we’ll let you know one way or another. Sometimes, we’ll let you know by revising the date at the top of the Privacy Policy that’s available on our website and mobile application. Other times, we may provide you with additional notice (such as adding a statement to our websites’ homepages or providing you with an in-app notification). Neopets Terms of Use The following is the "Agreement" between you and NeoPets, Inc. ("us" or "we") and are the applicable rules when you visit and play on neopets.com. It is very important that you understand and follow these rules and if there are any parts that you do not fully understand, please discuss them with one of your parents. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PLAYING ON NEOPETS. By using Neopets or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not play on any of Neopets. A. Rules of Conduct: 1. Play Safely: The best safety policy is to follow your parents' rules regarding playing online. 2. Do Not Try To Share Personal Information. Please do not try to share with anyone your personally identifiable information such as your e-mail address, physical address, school name, last name, photographs of yourself, instant messenger username or telephone number. Likewise, do not ask for any such information from other users. If you think anything is suspicious, make sure to report it. 3. Respect The Community: Remember, many different people enjoy playing on Neopets. In order that everyone continues to enjoy Neopets, it is important that everything you post or send through Neopets is family friendly. That means you should not attempt to post any of the following: profanity, obscenities ("swear words") or sexual content (express or implied). attacks, comments, or opinions about other people or things that slander, defame, threaten, insult or harass another person. information that might identify another player requests for player passwords (including offers to take care of another's account). romance role playing. "spamming" (repeatedly posting the same message) or "party boards". gangs, gang-slang, or the promotion of gangs. promotions offering prizes of any sort (including contests, raffles, lotteries, chain letters or any kind of giveaway). "cheats" or "hacks", or information or links to sites claiming to have these other information that we deem, in its sole discretion, to be inappropriate for this site. 4. Other Players Also Enjoy Neopets: If you see something you don't like, remember that all the stuff on the message boards, chat rooms and other communication areas comes straight from other players, not from us. We wouldn't tell kids what to say, because kids have minds of their own! But if someone sends ugly messages, we'll do our best to take care of it. We all want Neopets to be a good, clean place to hang out. 5. Playing Neopets Is Not A Way To Make Money: As a guest you do not own the accounts, activities, items, virtual currency, characters, locations, games and avatars on Neopets; they are for you to play with while on Neopets; you can't sell anything for real money. This means that you cannot try to make money off the virtual items or currency in your account or even sell the time it took you to collect such items. If we find someone selling virtual items or currency, we will freeze every account controlled by that player and every account of the player who purchased such virtual currency or items. 6. You are a Guest; Please Act as Such. You are a guest on Neopets and you should act accordingly and respect the other guests you meet. We reserve the right to prohibit the use of Neopets to any player at any time. Please be a good guest. 7. Posting Your Stuff on Neopets. If you write something that catches our eye anywhere on Neopets, we might want to use it. By posting material on Neopets or through Neopets' functionality (and getting your parent's permission to do so if you are under the age of 18), you and your parents are telling us it's ok to repeat what you say. It's even ok to put it in an advertisement. It means we can use it in any way we want, anywhere, until the end of time. And wouldn't it be cool if we used something YOU said until the end of time? 8. Inactivity. We work very hard at making Neopets fun and enjoyable for everyone because we want you stay active. However, if you choose to stop playing on Neopets, we reserve the right to permanently erase your account and everything associated with your account including items or privileges that may have been licensed through the payment of money to us or our licensing partners. Currently, our policy is to terminate any account that has not been active for eighteen months. 9. Respect Other People's Creative Material. We respect the creative material/intellectual property of others, and we ask our players to do the same. We may, in appropriate circumstances and at out discretion, terminate the accounts of players who infringe the intellectual property rights of others. 10. Do Not Share Your Account. You shall not share your account with anyone or allow anyone else other than you personally to access or use your account, other than your parent(s) or guardian(s) who have rights to access and manage your account if you are a minor. You will be held responsible for any activity that occurs on an account registered to you. B. Use of Content/Intellectual Property 1. Your License to Our Content/Intellectual Property. All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, programs, routines, objects, files data, characters/avatars (including all attributes comprising or associated with any player account such as virtual currency, trophies, virtual pets, game statistics, and virtual items), player and pet names, games or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Jumpstart and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use and solely for purposes permitted by, and in a manner consistent with the terms of this Agreement and the game rules applicable to each individual site, one copy of any material and/or software that you may download from Neopets, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of us. Use of our and/or our licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. You hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to Neopets as that term is defined under 18 U.S.C. § 1030. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. Any and all rights not specifically and expressly granted by us herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. Any use of Neopets not expressly authorized by us is strictly forbidden and will be regarded as an infringement of our copyrights in and to Neopets and/or the individual games within Neopets. You agree that you will not, under any circumstances: (a) in whole or in part, translate, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based upon Neopets or any game contained therein; (b) use cheats, automation software, hacks, or any unauthorized third party software to modify Neopets, any activity or game within the Neopets or to change any designed game play; (c) use the functionality of Neopets for transferring any in-game currency, item, avatar or account to another user in exchange for payment outside Neopets; or (d) perform any in-game services or activity on another user's account in exchange for payment outside Neopets (e.g., obtaining trophies for other users. 2. Our License to Your Content/Intellectual Property. By uploading or otherwise submitting any materials to us and/or Neopets, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived. 3. Our Copyright Policy. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement on Neopets and to promptly end any infringement that might occur. If you believe that any of Neopets contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy. C. Links And Advertisements 1. Third Party Links. On Neopets there may appear URLs, hyperlinks or any other form of link or re-direction (collectively "Links") that take you outside of Neopets to sites that are beyond our control. When you click on these Links, you are taken to sites not under our management and control and different terms of use and privacy policies may apply. The appearance of these Links and/or other materials generated by third parties does not constitute an endorsement by us, our subsidiaries and affiliates, of the opinions or views expressed by these third party sites. We explicitly disclaim any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such third party sites. As such, neither we nor our subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, under no circumstances will we be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party sites accessed through Links on Neopets. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages. We encourage discretion when visiting third party sites and considering the products and/or services offered on such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. As such, you hereby irrevocably waive any claim against us with respect to such third party sites. 2. Ads and Malware. We take great care and pride in creating Neopets. We are always on the lookout for technical glitches that effect how Neopets works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see Neopets -- and that is beyond our control. If you experience any unusual behavior, content or ads on any of Neopets, it may be the result of Malware on your computer. Malware--short for MALicious softWARE--is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on Neopets is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our sites and on other sites that you visit. We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware. Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser). Install a SpyWare Removal Tool such as Spybot Search & Destroy or AdAware to clean your computer of Malware. Install antivirus software, such as Norton anti-virus or McAfee Virus-shield. Install Microsoft Defender (for Windows computers). Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us. D. Communication 1. Posting Content Via Site Functionality. Neopets contains various features that may permit players, consistent with applicable laws, to post ideas, content, information and opinions ("Postings"). In no event do we assume or have any responsibility or liability for anything posted by you or another player. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability. Further, you agree not to abuse our communication features by "spamming" (posting numerous identical messages). The communication features on Neopets may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising or solicitations of any kind or nature. You specifically acknowledge that soliciting other players of Neopets to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited. Each site may have there own particular rules regarding communicating with other players but some basic guidelines apply to all of Neopets. First, be respectful of other players and always remember that children may be playing on Neopets. If you try to post something that we deem inappropriate, in our sole discretion, your account will be terminated. Second, we don't allow players to try to get other players to communicate off Neopets. Thus, your account may be terminated is you ask for information such as other players' IM, email address, physical address or suggest that you and the other player should go to a third party site so you can communicate more freely. Likewise, do not supply any such information about yourself to other players. Remember all communications are filtered and may be viewed by monitors to make sure your communications with others are appropriate. 2. Communications with Us. Neopets provides methods to communicate with us regarding your account, concerns about other players, site questions, etc. First, when we communicate with you, WE WILL NEVER REQUEST YOUR PASSWORD. Second, please do not spam the communication features and make sure that you only communicate through the proper communications channels designated to address your questions. If you don't use the proper communications channels for your particular question, you may not receive a response. E. Rules Applicable to Certain Other Services Offered on Neopets: Neopets may offer additional services and offers like the ability to purchase virtual items, subscription-based services, contest and sweepstakes. For such additional services and activities, there may be specific rules of participation which appear in connection with information about a particular activity and you will have to agree to those rules in order to participate, subscribe, purchase or license. This Agreement is incorporated by reference to the applicable rules of participation. Any such terms of participation are in addition to this Agreement, and in the event of a conflict, prevail over this Agreement as applied to those services and activities. F. Miscellaneous: 1. Disclaimer And Limitation Of Liability. NEOPETS AND ALL MATERIALS CONTAINED ON NEOPETS ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of Neopets or with respect to the information and material contained on Neopets. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY NEOPETS OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall our liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing Neopets. 2. Termination of Account/Site Content. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from us, if, in our sole discretion, you fail to comply with this Agreement or the applicable game rules posted on Neopets. We also reserve the right to terminate your access to Neopets at any time. Finally, we reserve the right to change, modify, delete any of Neopets content or features at our sole discretion. 3. Indemnification. You agree to indemnify, defend and hold harmless, us, ours affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to Neopets from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. We reserve the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. 4. Applicable Law, Venue, Jurisdiction. The Agreement and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State of California and County of Los Angeles. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of any of Neopets or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 5. Interpretation. This Agreement contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. In interpreting this Agreement, the English version governs the interpretation and meaning of the obligation set forth herein. To the extent there is an ambiguity or conflict with the Agreement in other languages, the Agreement in English governs. 6. Modification. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will notify you of these changes consistent with applicable law. Once we modify the Agreement, these changes become effective immediately and if you use Neopets after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms of this Agreement regularly so you are aware of the most current rights and obligations pursuant to your agreement with us. 7. International Transfer of Information. As we operate globally, we may need to transfer to and process personally identifiable information about you on our servers in the United States and we will use such information consistent with our Privacy Policy. By using Neopets, you expressly consent to our Privacy Policy. 8. Content Disclaimer: Please note that Neopets and its Neomail e-mail service are not in anyway related to or affiliated with Ernie Miller or his Neomail e-mail software program. Please note that Neopets and the "Chia" species are not in any way related to or affiliated with Joseph Enterprises' "Chia Pet" or any other Joseph Enterprises products bearing its registered trademark "CHIA." 9. Location: We operate and control Neopets from its offices in Torrance, California. No software from Neopets may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Terms of Use Agreement was last modified on November 11, 2015 and is effective immediately. NEOPETS PRIVACY POLICY AND YOUR CALIFORNIA PRIVACY RIGHTS LAST UPDATED: 03/04/2014 Our Privacy Policy applies to and governs all websites, games, online services, and software made available by Neopets at www.neopets.com and www.petpetpark.com, (collectively, the “Neopet Sites” and, individually, “Site”) on mobile devices, tablets, personal computers and other devices. Neopets, Inc. is a business unit of Knowledge Adventure, Inc. By accessing any of the Neopet Sites, you are consenting to this Privacy Policy. This Privacy Policy describes what information the Neopet Sites collect from users, including children, when they visit the Neopet Sites; how such information is used and stored; when such information may be disclosed to third parties; how users, parents, and guardians can control the use and disclosure of collected information; and how information is protected. Our users’ privacy is important to us, and we recognize the need to provide additional privacy protection for children on the Neopet Sites permitting such users. Our privacy practices are guided by the United States' Children's Online Privacy Protection Act of 1998, as well as data privacy laws in the United States and other applicable countries. Younger users should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information. SUMMARY. For your convenience, the following is a quick summary of our Privacy Policy. Please read the entire Privacy Policy for more detailed information. What We Collect: We only collect information necessary for the activities on the Sites. We do not collect personally identifiable information from children under the age of thirteen without parental consent. The information we may collect includes the following information: Received as part of the registration process, entering contests, making purchases or if you submit content; Automatically collect about your computer or devices used by you when accessing the Sites or games. This may include information such as your IP address, cookie ID, and other unique device identifiers; and Collected from third parties, (i.e. your registered third-party social media providers). For more detailed information regarding the information we collect, please go here. How We Store It: While we take reasonable steps to secure your personal information, no system is fault proof. If our security systems are breached: We may attempt to notify you electronically and, by using the Service and/or providing personal information to us, you agree that we can notify you electronically. We may post a notice on the Web Sites if a security breach occurs. You will need a web browser enabling you to view our site(s). We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at privacy@jumpstart.com. If your email address changes and you have provided us with personal information, you should notify us at privacy@jumpstart.com so that we can communicate with you if necessary. For more detailed information regarding how we store information, please go here. How We Use the Information: In general, the personal information you provide will: Allow us to: Respond to your customer service questions or issues; Enable you to take advantage of Neopet Sites features and services; Personalize your experience and the advertising you see; Alert you of new products or services, features, or enhancements; Notify you of upgrade opportunities, contests, promotions, or special events and offers. It may also allow you access to enhanced features available to registered users. and on behalf of third-parties whose products or services might be of interest to you; measure analytics; and manage and improve the services available on the Neopet Sites. For more detailed information regarding how we use such information, please go here. What We Share: Depending upon the circumstances, we may share collected information with: Law enforcement or others as needed to protect or defend our rights and the rights of others; Third parties we hire to handle certain activities; Advertisers or third parties with whom we may partner to provide you additional content, products or services; Business partners who sponsor a sweepstakes or contest or who jointly offer a service or feature on the Neopet Sites; Within the Knowledge Adventure family of companies; In the event of a corporate transaction; and Otherwise with your consent. We will attempt to ensure that these entities do not use your personal information for any other purpose, and that they have agreed to maintain the confidentiality, security and integrity of the personal information they obtain from us. Please be aware that we cannot control the activities of third parties to whom we provide data, and as such we cannot guarantee that they will adhere to the same privacy and security procedures as Knowledge Adventure. Our sites may also have message boards and/or chat areas, where users can exchange ideas and communicate with one another. When posting to a message board or chat area, please be aware that the information is being made publicly available online and the user does so at his or her own risk. For more detailed information regarding our information sharing practices, please go here. Who Else Is Collecting Information: We may use a number of advertising networks, analytics service providers and other such companies to, for example, serve targeted advertisements or analyze the performance of the Neopet Sites. These companies may use their own unique identifiers, and their use of these technologies is within their control and not ours. These companies may use the information they collect from you consistent with their own privacy policies, which we encourage you to review. For more information about these third parties and how you might be able to control how they use your information, please go here. How You Can Control Your Own Information: We make every attempt to allow you to control the way that we use personally identifiable information that you choose to provide. You have the option of declining any future offers of information about enhancements, new products, promotions or services. In addition, many of the "mailings" Neopets may send you, such as newsletters, have procedures within them to cancel the receipt of any future mailings. You may have choices about the use of your information by third parties wishing to deliver certain targeted advertising to you. You have the right to access, update and correct factual inaccuracies in any personally identifiable information we collect about you. Parents and guardians can review any personally identifiable information collected about their children and request that such information be deleted and/or that no further information be collected. If at any time you wish to opt out of having your personal information shared with third parties and/or receiving information from us (via e-mail or postal mail) about new products, services, or promotions, you can do so. You may contact us at Knowledge Adventure, Inc., 2377 Crenshaw Blvd., Suite 302, Torrance, CA 90501. You can also contact us by e-mailing us at opt-out@jumpstart.com . Please indicate what publications or services you no longer wish to receive so that we may better address your needs. For more detailed information regarding your control over your information, please go here and here. Who We Are The Neopet Sites are made available by Knowledge Adventure, Inc., If you have any questions about our information handling practices, including our practices with respect to children’s personal information, please contact us at: Knowledge Adventure, Inc., 2377 Crenshaw Blvd., Suite 302, Torrance, CA 90501. You can also contact us by e-mailing us at opt-out@jumpstart.com . Please indicate what publications or services you no longer wish to receive so that we may better address your needs. QUICK LINKS. I. INFORMATION COLLECTION AND USE. A. Registration Information B. Social Platform Registrations and Social Media Plugins C. Computer Information Collected By Us D. Computer Information Collected By Others E. Contests and Sweepstakes F. Electronic Postcards and Messages G. Electronic Newsletters H. Interactive Features and Services I. Wireless Marketing Services J. Geolocation Information K. Financial Information L. Other Data Collection and Use II. DISCLOSURE TO THIRD PARTIES. A. Law Enforcement and Safety B. Agents C. Third Parties/Advertisers D. Co-Branded Sites And Features E. Knowledge Adventure and Other Affiliated Businesses F. Business Transfer G. With Your Consent III. INTERNATIONAL TRANSFER. IV. SECURITY, STORAGE AND RETENTION OF INFORMATION. V. ACCESSING AND CORRECTING INFORMATION; TERMINATION OF WIRELESS SERVICES. A. Reviewing Your Information B. Parental Access C. Termination Of Wireless Services VI. ONLINE SAFETY. VII. LINKS TO THIRD PARTIES. VIII. YOUR CALIFORNIA PRIVACY RIGHTS. IX. CONTACT US INFORMATION COLLECTION AND USE. We may request or collect certain information when you visit the Neopet Sites. However, users are required to share only the information that is reasonably necessary to participate in the particular activity. A. Registration Information: The information required to register varies by Site, but may include: (a) birth date; (b) gender; (c) country; (d) state; (e) zip code; (f) user name and password; (g) wireless telephone number; (h) email address; and (i) other profile information such as avatar preferences, communications preferences, and interests. Children under the age of thirteen may be asked to provide his or her parent's or guardian's email address. Users or their parents/guardians will receive an activation email and must follow the procedures or otherwise agree to the terms within the activation email within a certain time period to activate the account; accounts not activated within that time period will be deleted. Registration information is used to enable users to take advantage of site offerings; respond to user’s requests for products, services, and information; manage games; serve appropriate material; customize the content you see when you visit the Neopet Sites; and offer users special offers and promotions from Neopet Sites and Knowledge Adventure companies and its subsidiaries and affiliates as well as on behalf of selected third parties offering products, programs or services, that we believe may be of interest to you. B. Social Platform Registrations and Social Media Plugins: Some of the Neopet Sites permit or require users who are at least 13 years old to register or log into their account via a social networking platform such as Login with Facebook, or permit you to use social media plugins such as the Facebook “Like” or Google “+1” buttons. When you use these social networking platforms and plugins, your username and password for the services and other information available about you or collected from you on these services may be shared with us. When you use social networking platforms and plugins, you share your information with them and their privacy policy applies to their collection, use, and disclosure of such information. In addition, they may be able to collect information about you, including your activity on the Neopet Sites, and they may notify your connections on the social networking platform about your use of the Neopet Sites. Such services may also employ unique identifiers which allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising to you. For more information about Login with Facebook, please go here. Please note that their privacy policies may be different from our own and we encourage you to read them. C. Computer Information Collected by Us: When users come to a Site, we may automatically collect certain information from their computers or mobile devices, such as the type of computer operating system (e.g., Windows XP or Mac OS), the user's IP address, the web browser (e.g., Internet Explorer, Safari, Chrome and Firefox), UDID (for certain mobile devices), information about the websites visited before and after visiting the Site, the web pages and advertisements viewed and links clicked on within the Neopet Sites, interactions with e-mail messages sent by a Site or Knowledge Adventure companies (e.g., links clicked on and whether the messages were opened or forwarded), information collected through the use of unique identifiers such as cookies (see below), information regarding the Internet service provider, and other standard server log information ("Computer Information"). We may use cookies, web beacons, tokens or similar technologies (collectively referred to as “Tracking Technologies”) on the Neopet Sites. "Cookies" (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. “Web beacons” (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. “Tokens” are unique persistent identifiers that are generated and sent from a server, such as Adobe’s Pass service, to a user’s device to identify an interaction session, such as the authentication for a user’s cable provider service, and which are usually stored as an HTTP cookie. The Site and/or third parties may use Tracking Technologies to collect Computer Information automatically as you browse the Site and the web. We may use Tracking Technologies to help tailor our content, allow users to move between certain Neopet Sites without logging into each Site, enable the internal functioning of the Neopet Sites, understand Site and internet usage, improve or customize the content, offerings or advertisements on this Site, personalize your experience on the Site (for example, to recognize you by name when you return to the Site), understand your interactions with email messages originating from the Neopet Sites or Knowledge Adventure companies(such as the links clicked on and whether the messages were opened or forwarded), save your password, save your online game or video player settings, enable you to use shopping carts, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Neopet Sites. These Tracking Technologies collect “click stream” data and additional other information regarding your visits to the Neopet Sites (such as your visits to specific webpages, use of features, purchasing history or preferences), may collect such other information across multiple sessions on the Neopet Sites and other websites offered by Knowledge Adventure companies and may also collect your IP address or some other identifier unique to the device you use to access the site (“Identifier”). An Identifier may be automatically assigned to any device you use to access the Neopet Sites. By visiting a Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to set and access Cookies on your device and track your activities and your use of a Site through these Tracking Technologies and Identifiers and that we may use Tracking Technologies in the emails we send to you. The Neopet Sites adhere to the Self-Regulatory Principles for Online Behavioral Advertising. Click here for more information about the Neopet Sites and online behavioral advertising. Neither Neopets nor Knowledge Adventure behaviorally target advertising to children under 13 on sites that are directed to children or where Neopets or Knowledge Adventure has actual knowledge that a user is under 13. Our Third Party Advertising Service Providers (as defined in Section D) do not have access to Tracking Technologies set by the Neopet Sites except to the extent necessary to provide services to the Site. The Third Party Advertising Service Providers, as well as advertisers, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to other information about you. You have a number of options with respect to the Tracking Technologies set by the Neopet Sites: You can prevent the use of certain Tracking Technologies (other than Flash cookies) by using the controls in your Web browser. To do so, you must complete both of the steps following your browser type below: Internet Explorer Delete existing Tracking Technologies through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature; and Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) Google Chrome Delete existing Tracking Technologies through the “Clear Browsing Data...” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature; and Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) Mozilla Firefox Delete existing Tracking Technologies through the “Clear Recent History...” sub-option of the “History” menu option of your browser or otherwise as directed by your browser’s support feature; and Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) You may be able to have the device you use to access the Neopet Sites warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the device you use to access the Neopet Sites. Additional information on warnings and removal of warnings may be available through your browser’s support feature. Please note that deleting, rejecting, disabling or turning off Tracking Technologies through the above options will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit here. Please be aware that certain areas and features of Neopet Sites can only be accessed in conjunction with Tracking Technologies, and that disabling Tracking Technologies might prevent you from accessing such content. D. Computer Information Collected By Others: Neopets may uses the services of third parties who may collect, use or disclose cookie information, IP addresses or other identifiers from devices and/or browsers of users who visit Neopet Sites. Neopet Sites use a variety of third-party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers, and other third-party service providers (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Neopet Sites, facilitate targeting of advertisements, and measure and analyze advertising effectiveness and/or traffic on the Neopet Sites (“Targeting Services”). These Targeting Services enable us to display advertisements based on your visits to the Neopet Sites and other websites you have visited and may include delivering advertisements or other content for products and services that may interest you. Targeting Services also help prevent you from seeing repeated advertisements and enable us to research the usefulness of certain advertisements. Neopets does not behaviorally target advertising to children under 13 on sites that are directed to children or where Neopets has actual knowledge that a user is under 13. These Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Neopet Sites except to the extent necessary to provide services to the Neopet Sites. The Third Party Advertising Service Providers, as well as advertisers, may themselves set and access their own Tracking Technologies on your device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to Other Information about you. In addition, Third Party Advertising Service Providers may collect aggregate log data separately and independently from what the Neopet Sites collect. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not the Neopet Sites. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information and those sites may use the information they collect from you consistent with their own privacy policies, which we encourage you to review. We encourage you to research and direct any of your questions in this regard to these third parties. With respect to the Tracking Technologies set by Third Party Advertising Service Providers and advertisers (and outside the control of the Neopet Sites), you have a number of options: You can opt-out of the use of information for these advertising purposes by two such Third Party Advertising Service Providers, Adobe and DoubleClick by using those Providers’ opt-out tools. You can access Adobe’s tool at http://www.donottarget.com/ and DoubleClick’s at http://www.google.com/intl/en/policies/technologies/ads/. We also may from time to time permit other Third Party Advertising Service Providers and Advertisers to collect Information on the Neopet Sites. Some of these Providers and Advertisers may participate in the Network Advertising Initiative’s Opt-Out Tool and/or the Self-Regulatory Program for Online Behavioral Advertising . Please click on the links to these tools to learn more about your choices. Please note the following with respect to opting out of Tracking Technologies set by Third Party Advertising Service Providers and advertisers: The opt-out tools discussed above are “cookie based.” This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you opt-out but then use the controls in your browser to delete all Tracking Technologies, you may have to opt-out again, a second time, in order to re-establish your opt-out preferences. Opt-outs are browser-specific. This means, for example, that if you opt out while using Internet Explorer 9, this choice will not affect the collection of information collected by Tracking Technologies when you use Mozilla Firefox on the same device. It also means that opting out on one device will not affect the collection of information by Tracking Technologies on other devices you may use to access the Neopet Sites. You also can prevent the use of certain Tracking Technologies (other than Flash cookies) on a particular device by using the controls in your Web browser. To do so, you must complete both of the following steps: Delete existing Tracking Technologies through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature; and Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) You may be able to set the device you use to access the Neopet Sites to warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the device you use to access the Neopet Sites. Additional information on warnings and removal of warnings may be available through your browser’s support feature. Opting-out of, deleting, rejecting, disabling or turning off Third Party Advertising Service Providers’ Tracking Technologies does not mean that you will no longer receive online ads. Opting-out of, deleting, rejecting, disabling or turning off Third Party Advertising Service Providers’ Tracking Technologies only means that such ads will no longer be tailored to your specific viewing habits or interests, but you will continue to see ads on the Neopet Sites. PLEASE NOTE THAT THE USE AND STORAGE OF FLASH COOKIES TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR BROWSER. For more information about Flash cookies and how to remove them from your computer, please visit here. Do-Not-Track Signals and Similar Mechanisms. Some web browsers may transmit "do-not-track" signals to the websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals. We currently do not take action in response to these signals, but, if and when a final standard is established and accepted, we may reassess how to respond to these signals. Instead, as set forth above, please visit here to view the Self-Regulatory Principles for Online Behavioral Advertising program that we follow that offers you choice regarding Information collected for online behavioral advertising purposes and the browser cookie controls and other mechanisms described above in Section I(C). E. Contests and Sweepstakes: The Neopet Sites may offer online contests and sweepstakes. To enter these contests and sweepstakes, you may be required to provide your first name and email address and/or additional information required for the management of the contest or sweepstakes. For children under the age of 13, we may collect the child’s e-mail address to enter the child in the contest or sweepstakes, store such child’s email address for the duration of the sweepstakes, and use it for notification if he or she is the winner. For certain contests or sweepstakes on such sites, we may ask for the email address of the child's parent or guardian to inform the parent or guardian of his or her child's entry and give the parent or guardian the option to have the child's entry deleted. F. Electronic Postcards and Messages: Neopet Sites provide users the opportunity to send electronic postcards and “wish lists” of items they want to family or friends, which means we will send, on the user’s behalf, email messages to family and/or friends. To do so, users must provide the email address of the recipient of such electronic postcards or email messages. Users must only provide email addresses of people who they know would be happy to receive such electronic postcards or email messages. Email addresses provided to us for this purpose are used solely to send the requested postcard or email message and are deleted from our system once the postcard or message is sent. In some cases, we may offer users an incentive (e.g., points to be used in an online game) for referring information about products to the user's family or friends. In such cases, we will comply with all applicable legal requirements. Please note that this feature may not be available to users in certain regions or countries. G. Electronic Newsletters: Users can provide their email addresses to receive email newsletters and promotions from Neopets, Knowledge Adventure companies, and our business partners. Users may change their preferences regarding emails at any time through the unsubscribe link in the newsletters or, for certain Neopet Sites, by logging into and changing the preferences for their account. When users to Neopet Sites who are children under the age of 13 years ask to receive our email newsletter(s), they will be asked to provide their first name, email address and the email address of their parent/guardian. We will send the child's parent/guardian a notification email informing them of the child's request to receive by email the newsletter on an ongoing basis and give the parent/guardian the option to have his or her child's information removed from our newsletter database. The link to remove the child’s information will expire approximately 48 hours from the time it is sent, but at any time after receiving this notification email, the child's parent/guardian may request that we stop sending the child the newsletter(s) by following the "unsubscribe" instructions found at the end of any of the newsletter emails. Parents/guardians may at any time review any personally identifiable information collected online about their child. See section V (B) below. When a child provides a parent's/guardian's email address when signing up for newsletter(s), that email address is used to send the notification email message and is subsequently deleted from our system. H. Interactive Features and Services: Some of the Neopet Sites offer interactive features and services, such as message boards, chat rooms, electronic mail services, comment boxes, messaging services, and member profile pages. For a user who is a child under the age of 13 years, we either will obtain the consent of the child’s parent/guardian before allowing the child to use these interactive features and services or will use reasonable technical measures to delete all or virtually all personal information from a child’s postings before they are made public and also delete such information from our records. We use the information collected through interactive features and services to enable you to participate in such features and services. I. Wireless Marketing Services: Consistent with local law, appropriately aged users may have the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and/or wireless devices. To do so, users may be asked to provide their telephone number, email address, carrier’s name, and/or their opinion regarding certain goods and/or services. Users must opt in to receive wireless marketing material from businesses within Neopets and Knowledge Adventure companies through one of the following methods: (a) filling out the registration information on any Neopet Sites’ wireless marketing registration page; or (b) sending a specific word, code or symbol via a text message to a telephone number designated by us in any promotional material. The user may also be asked to confirm his or her acceptance to receive such wireless marketing services. Users that register for wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from the Neopet Sites or Knowledge Adventure companies. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Neopets or Knowledge Adventure companies be responsible for any wireless email or text messaging charges incurred by such user or by a person that has access to a user's wireless device, telephone number, or email address. J. Geolocation Information: We may collect and store information about your geographic location, but we will only collect precise geolocation information sufficient to identify street name and name of a city or town on Neopet Sites that either are directed to users over the age of 13 and only if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information. We use this information, for example, to enable users to take advantage of Site offerings; respond to user’s requests for products, services, and information; manage games; customize the content users see when visiting the Neopet Sites; and to offer users special offers and promotions from Neopet Sites and Knowledge Adventure companies, as well as on behalf of selected third parties offering products, programs or services that we believe may be of interest to our users. By accepting this Privacy Policy and using the applicable Site, you hereby consent to the collection and storage of such geolocation information as described above. K. Financial Information: We collect and use financial information, such as credit card numbers and security codes, for the limited purposes described below. i. Consumer Products: Certain of the Neopet Sites provide pages and/or links to pages offering users who are of legal age to form a binding contract the opportunity to purchase consumer products (the "Shops"). To do so, users need to provide contact, shipping, billing and credit information. These pages may be hosted and operated by a third party that is independent and separate from the Neopet Sites. This third party collects personal information about shop users and may share this information with us. We use this information to process the order and to send order confirmations via email, as well as to send information about products and services of interest and as otherwise required by law. Before providing information on these pages, we encourage you to review the posted privacy policies which govern such third party’s use of your information, as they may differ from ours. ii. Virtual Items/Memberships: Some of the Neopet Sites may offer memberships, online subscriptions and/or virtual items for use in conjunction with the Neopet Sites' games. When you enter into a transaction for a membership, subscription, virtual item or similar transaction, you may be asked to provide the credit card and/or billing information and email address. We will use this information to fulfill your specified requests, as well as to inform you about additional products or service opportunities and as otherwise required by law. Please also see the information regarding payment processors in Section II(B) below. L. Other Data Collection and Use. We collect search query information when users search for information on the Neopet Sites. We also collect information from users when they contact us with questions and comments. We may use this information, along with any of the other information described above, to (i) analyze use of the Neopet Sites and understand and improve our service offerings; (ii) prevent potentially prohibited or illegal activities; and (iii) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent. We may combine information collected through the Neopet Sites with information we collect from other sources (e.g., social media integration services), other Knowledge Adventure company’s sites, offline records or publicly available information). It is your responsibility to provide complete and accurate information and to keep such information up to date. We are not responsible for any problem or liability arising from your failure to do so. II. DISCLOSURE TO THIRD PARTIES. We may share your information with third parties for the limited purposes described below. In the U.S., parents of children under the age of 13 have the option of consenting to the collection and use of their child's personal information without consenting to the disclosure of that information to certain third parties. A. Law Enforcement and Safety. You acknowledge, consent, and agree to the extent legally permissible in your jurisdiction to allow us to access, preserve, and/or disclose the information we collect and/or content you provide to us (including information you may have posted on bulletin boards or internal site communication systems) to a law enforcement agency or other third parties if required to do so by law or with a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use of the respective Neopet Sites; (c) respond to claims that the content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the owners of the Neopet Sites, any user of the Neopet Sites, a third party or the general public. We also may disclose user information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of others. If you have concerns about the conduct of a particular user, please send an e-mail to privacy@jumpstart.com. This email is not to contact us about the status of your account. B. Agents. Information collected through the Neopet Sites may be transferred, disclosed or shared with third parties engaged by us to handle and deliver certain activities, such as message boards, sweepstakes and contests, e-cards, payment processing, newsletters, and advisory boards, and to perform other technical and processing functions, such as sending postal mail and email, maintaining data integrity, programming operations, user services or technology services. We may provide these third parties information collected as needed to perform their functions, but they are prohibited from using it for other purposes and specifically agree to maintain the confidentiality of such information. Some of these agents, such as payment processors, may request additional information during the course of offering their services. Before you provide additional information to third party agents, we encourage users to review their privacy policies and information collection practices. C. Third Parties/Advertisers. Neopets uses the services of third parties who may collect, use or disclose cookie information, IP addresses or other identifiers from devices and/or browsers of users who visit Neopet Sites. Some Neopet Sites partner with outside third parties to provide you with additional content, products, or services that we believe may be of interest. For example, we may partner with a greeting card company, software manufacturer, social media plugin provider, or mobile phone provider to offer you electronic cards, games, social networking, or text messaging services. These partners operate websites and services that are separate and independent from the Neopet Sites and, accordingly, may have their own privacy policies. If you consent or register with one of our partners, that means you grant the Neopet Sites permission to give your registration and other information, including e-mail address, to that third party. If you have identified yourself as residing in the EU, we will not share your email address or other personally identifiable information with third parties for advertising purposes unless you have "opted-in." In addition, Third Party Advertising Service Providers may use their own Tracking Technologies to gather information about you. Please see Section I(D) above for more detailed information regarding such use of Tracking Technologies. For more information on our use of third party advertisers and the self-regulatory principles, please click here. D. Co-Branded Sites and Features Some Neopet Sites offer co-branded services and features, such as events and promotions that we put together with another company ("Co-Branded Partner"). Such services may be hosted on a Site and/or our Co-Branded Partner's website. We may share your information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and affirmatively consent to both the Neopet Sites and our Co-Branded Partner collecting and using the information you provided during registration and/or in connection with the specific co-branded feature for fulfillment, marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner's future use of your information for marketing purposes, you will need to contact the Co-Branded Partner directly. The Co-Branded Partner will be identified on the co-branded feature or service. E. Knowledge Adventure and Other Affiliated Businesses The Neopet Sites are part of Knowledge Adventure, Inc. Where permitted by law, we may share information we collect about you within the websites of Knowledge Adventure’s companies’ and other affiliated businesses so that we can, for example, provide you with information about products and services that might interest you. F. Business Transfer In the event that assets relating to one or more of the Neopet Sites are transferred or sold to another entity as a result of, for example, a corporate sale, merger, consolidation, asset sale, or in the unlikely event of bankruptcy, information collected at the Neopet Sites may be transferred to the acquiring company. G. With Your Consent We may otherwise disclose your information pursuant to your consent. III. INTERNATIONAL USERS. Please be aware that by providing us with personal information, you understand and agree that your personal information may be stored on servers located outside your resident jurisdiction; (2) to the extent you are a resident of a country other than the United States, you consent to the storage of such data in the United States for processing by our affiliates in accordance with this Privacy Policy and (3) the Privacy Policy and the collection of information pursuant to the Privacy Policy shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. If you do not consent to the terms of this Privacy Policy, please do not use the Neopet Sites because your use of the Neopet Sites represents your consent. If you have already provided personal information, please contact us about how you would like us to handle such information. IV. SECURITY, STORAGE AND RETENTION OF INFORMATION. The Neopet Sites maintain reasonable technical and organizational steps to help ensure that information collected is secure, including limiting the number of people who have physical access to our database servers and use of electronic security systems and password protections which guard against unauthorized access. The Neopet Sites conduct financial transactions via secured transmissions. We limit access to user’s information to employees and contractors who are authorized for the proper handling of such information, and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We also take reasonable steps to help make sure our third-party agents protect the security of your personal information. However, as with most Internet sites or services, it is possible that third parties may unlawfully access such personal information through a number of means despite our efforts. Information collected at the Neopet Sites will not be stored for longer than is necessary for the purposes described in this Privacy Policy, or to otherwise meet legal requirements. V. ACCESSING AND CORRECTING INFORMATION; TERMINATION OF WIRELESS SERVICES. A. Reviewing Your Information You have the right to access, update and correct factual inaccuracies in personally identifiable information that we collect online at the Neopet Sites, subject to certain exceptions. To do so, you should log into your account or you may e-mail us at privacy@jumpstart.com. To help protect your privacy and the security of your personally identifiable information, we will take reasonable steps to verify your identity before granting access. B. Parental Access Parents/guardians of children under the age of 13 can print out and mail or fax us a signed form that allows them to review any personally identifiable information collected about their child, have this information deleted, and/or request that there be no further collection or use of their child's personally identifiable information. We will take steps to verify the identity of anyone requesting personally identifiable information about a child and to ensure that the person is in fact the child's parent or legal guardian. C. Termination of Wireless Services If you have registered for wireless services, you may cancel one or more wireless services via your wireless device at any time by using the unsubscribe mechanism provided by the Neopet Sites at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". Neopet Sites will terminate your registration for the most recent wireless service you received. Any of these words followed by the word "ALL" in the user's termination request will cancel all of the user's registered wireless services with the Neopet Sites. If you unsubscribe from one or all of wireless service(s) via your wireless device, the service(s) will be terminated immediately and will cancel your previous opt-in. VI. ONLINE SAFETY. Some of the Neopet Sites offer you and your child an online safety guide which we encourage you to use as starting point for discussing safety and privacy concerns with your child. Of course, involvement in your family’s online lives is the most important safety tool available. Some of the various guides are available by clicking here . VII. LINKS TO THIRD PARTIES. The websites that comprise the Neopet Sites may contain links to other sites, including those of sponsors, advertisers, social networking platforms, and survey companies. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage users to other websites to review the privacy policies and information collection practices of those websites. VIII. YOUR CALIFORNIA PRIVACY RIGHTS. California Civil Code Section 1798.83 permits our users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If at any time you wish to opt out of having your personal information shared with third parties and/or receiving information from us (via e-mail or postal mail) about new products, services, or promotions, you can do so. You may contact us at Knowledge Adventure, Inc., 2377 Crenshaw Blvd., Suite 302, Torrance, CA 90501. You can also contact us by e-mailing us at opt-out@jumpstart.com . Please indicate what publications or services you no longer wish to receive so that we may better address your request. This document is the sole statement of the Neopet Sites' Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid. In interpreting this Agreement, the English version governs the interpretation and meaning of the obligation set forth herein. To the extent there is an ambiguity or conflict with the Privacy Policy in other languages, the Privacy Policy in English governs. IX. CONTACT US If you have any other questions about our information handling practices, including our practices with respect to children's personal information, please contact us at: Knowledge Adventure, Inc., 2377 Crenshaw Blvd., Suite 302, Torrance, CA 90501. You can also contact us by e-mailing us at privacy@jumpstart.com . APPLE INC. MAC SDK AND XCODE AGREEMENT PLEASE READ THIS MAC SDK AND XCODE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE DEVELOPER SOFTWARE (DEFINED BELOW). BY USING THE DEVELOPER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE DEVELOPER SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE " BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE DEVELOPER SOFTWARE AND CLICK “DISAGREE”. IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor. 1. General. A. The Apple software, tools, utilities, sample or example code, documentation, interfaces, content, data, and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media or in any other form, (collectively, the "Developer Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Developer Software itself and reserve all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Developer Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. B. Title and intellectual property rights in and to any content displayed by or accessed through the Developer Software belongs 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. 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. 2. Permitted License Uses and Restrictions. A. License. Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to use the Developer Software on Apple-branded computers to develop and test application and other software. You may make only as many internal use copies of the Developer Software as reasonably necessary to use the Developer Software as permitted under this License and distribute such copies only to your employees whose job duties require them to so use the Developer Software; provided that you reproduce on each copy of the Developer Software or portion thereof, all copyright or other proprietary notices contained on the original. B. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Developer Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise expressly permitted by the terms of this License or as otherwise licensed by Apple: (i) only one user may use the Developer Software at a time, and (ii) you may not make the Developer Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, sublicense or otherwise redistribute the Developer Software or exploit any services provided by or through the Developer Software in any unauthorized way. C. No Reverse Engineering; Limitations. You may not, and you agree not to or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the Developer Software or any services provided by or through the Developer Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of the Open-Sourced Components or Sample Code). D. Sample Code. Certain portions of the Developer Software consist of sample or example code provided by Apple ("Sample Code"). You may use, reproduce, modify and redistribute such Sample Code only in accordance with the licensing terms accompanying such Sample Code or related project(s). E. QuickTime Development Software. You may use the QuickTime development software only to develop application software that is compatible with, and runs only on supported OS X and/or Windows platforms with QuickTime installed. Your software application may not interfere with the functionality of QuickTime Player or the QuickTime Plug-in, including but not limited to file type or MIME type associations that are registered to QuickTime. F. Use of System-Provided Images. The system-provided images owned by Apple and documented as such in Apple's Human Interface Guidelines for OS X and iOS ("System-Provided Images") are licensed to you solely for the purpose of developing OS X and iOS applications, respectively, using the Developer Software. Upon termination of this License, you may continue to distribute the System-Provided Images as used within software you developed using the Developer Software; however, you agree to provide to Apple, at Apple's request, a copy of any software you developed using the Developer Software that incorporates any of the System-Provided Images so Apple may determine, in its sole discretion, whether your use of the System-Provided Images complies with these terms. G. Location Services; Consents. 1. Apple may enable you to access certain location-based application programming interfaces (APIs) (e.g., Core Location) documented by Apple (“Location APIs”) through the Developer Software. Subject to these terms and conditions, you may use such APIs and services only to enable software programs you develop for use on OS X (“Applications”) to access location data (e.g. the real-time geographic location of a user’s computer) from users who consent to such access. For Applications that use Location APIs or otherwise provide location-based services, you agree that such Applications may not be designed or marketed for automatic or autonomous control of vehicle behavior, or for emergency or life-saving purposes. In addition, Applications that offer location-based services or functionality must notify and obtain consent from an individual before his or her location data is collected, transmitted or otherwise used by the Application. For Applications that use Location APIs for real-time navigation (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), you must have an end-user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. 2. You agree that neither you nor your Applications will disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the user that the user's location data is being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. If consent is denied or withdrawn, neither you nor your Applications may collect, transmit, maintain, process or utilize the user's location information or data through the Location APIs. You understand and agree that you and your Applications must comply with all applicable criminal, civil and statutory laws and regulations (including privacy, data collection and location service laws and regulations) in any jurisdictions in which your Applications may be delivered. You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, related or attributable to, or otherwise involving your Application, including but not limited to your Application’s use of the Location APIs. H. Compliance with Laws. You agree to use the Developer Software and the services 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 Developer Software or services. 3. Transfer. You may make a one-time permanent transfer of all of your license rights to the Developer Software (in its original form as provided by Apple) to another party, provided that: (a) the transfer must include all of the Developer Software, including all its component parts and this License; (b) you do not retain any copies of the Developer Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Developer Software accepts the terms and conditions of this License. You may not transfer any Developer Software that has been modified or replaced under Section 13 below. All components of the Developer Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. 4. Consent to Use of Data. A. Diagnostic and Usage Data. If you choose to allow diagnostic and usage collection, you agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Developer Software, and to verify compliance with the terms of this License. You may change your preferences for Diagnostics & Usage collection at any time by going to the Diagnostics & Usage setting on your computer and deselecting the checkbox. The Diagnostics & Usage setting is found in the Security & Privacy pane within System Preferences. Apple may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Apple’s partners and third party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you. B. Privacy Policy. At all times your information will be treated in accordance with Apple’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: http://www.apple.com/privacy/. 5. Services; Mac Developer Program. A. Apple may provide access to services by or through the Developer Software for you to use. Use of these services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. If you elect to use such services in conjunction with the Developer Software, your usage of such services will be subject to those additional terms and conditions (e.g., your use of Developer IDs obtained from your Apple Developer Program account will be subject to the applicable Apple Developer Program terms for Developer IDs), but this License will continue to apply to your use of the Developer Software licensed hereunder. If you would like to submit Applications you develop to the Mac App Store, then you must apply to join the Mac Developer Program. More information about Apple’s Developer Programs is available at http://developer.apple.com/. Apple reserves the right to refuse admission to any of its Developer Programs at any time in its sole discretion. B. You agree that the services contain proprietary content, information and material that is owned by Apple and its licensors, and is protected by applicable intellectual property and other laws, and that you will not use such proprietary content, information or materials in any way whatsoever except 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. Except to the extent expressly permitted in the applicable terms for the services, You agree not to reproduce, modify, rent, lease, lend, 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 malware, or by trespass or burdening network capacity. C. In addition, services that may be accessed, linked to or displayed by or through the Developer Software may not be available in all languages or in all countries. Apple makes no representation that any such services would be appropriate or available for use in any particular location. Apple reserves the right to change, suspend, remove, or disable access to any services at any time. In no event will Apple be liable for the removal of or disabling of access to any such services or for any updates, maintenance, warranty, technical or other support for such services. Apple may also impose limits or other restrictions on the use of or access to the services, in any case without notice or liability. You acknowledge and agree that Apple reserves the right to revoke or remove your access to any services provided by or through the Developer Software at any time in its sole discretion. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. In addition, Apple reserves the right to terminate this License if a new version of Apple's operating system software or the Developer Software is released which is incompatible with this version of the Developer Software. Upon the termination of this License, you shall cease all use of the Developer Software and destroy all copies, full or partial, of the Developer Software. Section 2B, 2C, 4, 5B, and 6 through 13 of this License shall survive any termination. 7. Disclaimer of Warranties. A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE DEVELOPER SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE DEVELOPER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER 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 DEVELOPER 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. C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVELOPER SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DEVELOPER SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DEVELOPER SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE DEVELOPER SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE DEVELOPER SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS DEVELOPER SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. D. YOU FURTHER ACKNOWLEDGE THAT THE DEVELOPER 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 DEVELOPER 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. E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DEVELOPER 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 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 OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DEVELOPER SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES IN CONJUNCTION WITH THE DEVELOPER 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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Export Control. You may not use or otherwise export or re-export the Developer Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Developer Software was obtained. In particular, but without limitation, the Developer 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 Developer 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 Developer 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. 10. Government End Users. The Developer 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. 11. 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 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. 12. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Developer Software licensed hereunder 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. The parties hereto confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. 13. Third Party Acknowledgements. A. Certain components of the Developer Software, and third party open source programs included with the Developer Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Developer Software is used in accordance with the permitted uses set forth above; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Developer Software. You expressly acknowledge that if failure of or damage to Apple hardware results from modification of the Open-Sourced Components of the Developer Software, such failure or damage is excluded from the terms of the Apple hardware warranty. B. Certain software libraries and other third party software included with the Developer Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Developer Software. C. The Developer Software includes certain software licensed under the IBM Public License Version 1.0 (IPL) or the Common Public License Version 1.0 (CPL). A copy of the source code for the IPL and CPL licensed software may be found in Apple’s Open Source repository. See Apple's Open Source web site (/) for information on how to obtain the source code. THE IPL AND CPL SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER APPLE, IBM NOR ANY OTHER CONTRIBUTOR TO THE IPL AND CPL SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), 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 OR DISTRIBUTION OF THE IPL AND CPL SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EA1056 8/28/2013 HISTORY AND LICENSE HISTORY OF THE SOFTWARE Python was created in the early 1990s by Guido van Rossum at Stichting Mathematisch Centrum (CWI, see http://www.cwi.nl) in the Netherlands as a successor of a language called ABC. Guido remains Python's principal author, although it includes many contributions from others. In 1995, Guido continued his work on Python at the Corporation for National Research Initiatives (CNRI, see http://www.cnri.reston.va.us) in Reston, Virginia where he released several versions of the software. In May 2000, Guido and the Python core development team moved to BeOpen.com to form the BeOpen PythonLabs team. In October of the same year, the PythonLabs team moved to Digital Creations (now Zope Corporation, see http://www.zope.com). In 2001, the Python Software Foundation (PSF, see http://www.python.org/psf/) was formed, a non-profit organization created specifically to own Python-related Intellectual Property. Zope Corporation is a sponsoring member of the PSF. All Python releases are Open Source (see http://www.opensource.org for the Open Source Definition). Historically, most, but not all, Python releases have also been GPL-compatible; the table below summarizes the various releases. Release Derived Year Owner GPL- from compatible? 0.9.0 thru 1.2 n/a 1991-1995 CWI yes 1.3 thru 1.5.2 1.2 1995-1999 CNRI yes 1.6 1.5.2 2000 CNRI no 2.0 1.6 2000 BeOpen.com no 1.6.1 1.6 2001 CNRI no 2.1 2.0+1.6.1 2001 PSF no 2.0.1 2.0+1.6.1 2001 PSF yes 2.1.1 2.1+2.0.1 2001 PSF yes 2.1.2 2.1.1 2002 PSF yes 2.1.3 2.1.2 2002 PSF yes 2.2 and above 2.1.1 2001-now PSF yes Note: GPL-compatible doesn't mean that we're distributing Python under the GPL. All Python licenses, unlike the GPL, let you distribute a modified version without making your changes open source. The GPL-compatible licenses make it possible to combine Python with other software that is released under the GPL; the others don't. Thanks to the many outside volunteers who have worked under Guido's direction to make these releases possible. TERMS AND CONDITIONS FOR ACCESSING OR OTHERWISE USING PYTHON PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2 1. This LICENSE AGREEMENT is between the Python Software Foundation ("PSF"), and the Individual or Organization ("Licensee") accessing and otherwise using this software ("Python") in source or binary form and its associated documentation. 2. Subject to the terms and conditions of this License Agreement, PSF hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python alone or in any derivative version, provided, however, that PSF's License Agreement and PSF's notice of copyright, i.e., "Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 Python Software Foundation; All Rights Reserved" are retained in Python alone or in any derivative version prepared by Licensee. 3. In the event Licensee prepares a derivative work that is based on or incorporates Python or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python. 4. PSF is making Python available to Licensee on an "AS IS" basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. 6. This License Agreement will automatically terminate upon a material breach of its terms and conditions. 7. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between PSF and Licensee. This License Agreement does not grant permission to use PSF trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party. 8. By copying, installing or otherwise using Python, Licensee agrees to be bound by the terms and conditions of this License Agreement. BEOPEN.COM LICENSE AGREEMENT FOR PYTHON 2.0 BEOPEN PYTHON OPEN SOURCE LICENSE AGREEMENT VERSION 1 1. This LICENSE AGREEMENT is between BeOpen.com ("BeOpen"), having an office at 160 Saratoga Avenue, Santa Clara, CA 95051, and the Individual or Organization ("Licensee") accessing and otherwise using this software in source or binary form and its associated documentation ("the Software"). 2. Subject to the terms and conditions of this BeOpen Python License Agreement, BeOpen hereby grants Licensee a non-exclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use the Software alone or in any derivative version, provided, however, that the BeOpen Python License is retained in the Software, alone or in any derivative version prepared by Licensee. 3. BeOpen is making the Software available to Licensee on an "AS IS" basis. BEOPEN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, BEOPEN MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 4. 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No addition to or removal or modification of any of the provisions of this Agreement will be binding upon Apple unless made in writing and signed by an authorized representative of Apple. The parties hereto confirm that they have requested that this Agreement and all attachments and related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. EA1283 6/8/15 Apple Inc. Xcode and Apple SDKs Agreement PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE APPLE SOFTWARE OR APPLE SERVICES. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, CLICK THE “AGREE” BUTTON. 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Definitions Whenever capitalized in this Agreement: “Agreement” means this Xcode and Apple SDKs Agreement. “Apple” means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A. “Apple Developer Program License Agreement” means a separate agreement that may be entered into between You and Apple regarding the development and submission of Applications to the App Store for approval and digital signing by Apple, development of libraries for iOS, watchOS, and/or tvOS, and the use of Apple services such as the Apple Push Notification Service, In-App Purchase, and iCloud, among other things. “Apple Maps Service” means the mapping platform and Map Data provided by Apple via the MapKit API (which is the documented API that enables You to add mapping features or functionality to Applications). “Apple Services” or “Services” means the developer services that Apple provides to You under this Agreement solely for use with Your Applications and not for use by You as an end-user (e.g., Game Center, Apple Maps Service, any Apple-certificate issuance services, etc.), including any Updates thereto (if any) that may be provided to You by Apple. “Apple Software” means the Xcode Developer Tools and the Apple SDKs, including any Updates thereto (if any) that may be provided to You by Apple. “Apple SDKs” means the macOS SDK, and the Apple-proprietary Software Development Kits (SDKs) provided hereunder, including but not limited to header files, APIs, libraries, simulators, and software (source code and object code) labeled as part of the iOS SDK, watchOS SDK and/or tvOS SDK and included in the Xcode Developer Tools package for purposes of targeting Apple-branded products running iOS, watchOS, or tvOS. “Application” means a software program (including extensions and media that are enclosed in a single software bundle) developed by You hereunder, for use under Your own name, trademark or brand, and specifically for use on Apple-branded products running macOS, iOS, watchOS, tvOS, as applicable, including new releases and new versions of such software program, but excluding libraries for iOS, watchOS, or tvOS applications. For clarity, the term Application as used in this Agreement excludes libraries that are for use in Applications designed for iOS, watchOS, or tvOS. Such libraries can be developed by You only under the terms of the Apple Developer Program License Agreement. “Authorized Developers” means Your employees and contractors, members of Your organization or, if You are an educational institution, Your faculty, staff and students, who: (a) have a demonstrable need to know or use the Apple Software or Apple Services in order to develop and test Applications, and (b) to the extent they will access Apple Confidential Information, have written and binding agreements with You that prohibit the unauthorized use and disclosure of such confidential information. “Authorized Test Units” means Apple-branded hardware units owned or controlled by You that have been designated by You for Your own testing and development purposes, and, if You permit, Apple-branded hardware units owned or controlled by Your Authorized Developers so long as such units are used for testing and development purposes on Your behalf and only as permitted hereunder. “Documentation” means the technical or other specifications or documentation that Apple may provide to You for use in connection with the Apple Software, Apple Services, Apple certificates, or as otherwise provided hereunder. “FOSS” (Free and Open Source Software) means any software that is subject to terms that, as a condition of use, copying, modification or redistribution, require such software and/or derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge, including without limitation software distributed under the GNU General Public License or GNU Lesser/Library GPL. “macOS SDK” means the Apple-proprietary Software Development Kits (SDKs) provided hereunder, including but not limited to header files, APIs, libraries, simulators, and software (source code and object code) labeled as part of the macOS SDK and included in the Xcode Developer Tools package for purposes of targeting Apple-branded products running macOS. “Map Data” means any content, data or information provided through the Apple Maps Service including, but not limited to, imagery, terrain data, latitude and longitude coordinates, transit data, points of interest and traffic data. “Program Requirements” mean the technical, human interface, design, product category, security, performance, and other criteria and requirements for Applications specified by Apple in the Apple Developer Program License Agreement. “Provisioning Profiles” means the time-limited files (including applicable entitlements, certificates or other identifiers) that may be provided by Apple for use by You in connection with Your Application development and testing. “Updates” means bug fixes, updates, upgrades, modifications, enhancements and supplements to the Apple Software or Apple Services, and any new releases or versions thereof. “Xcode Developer Tools” means the Apple-proprietary development platform, including but not limited to software tools, compilers, sample code, Documentation, programming languages, and overall design package provided by Apple hereunder, excluding the Apple SDKs. “You” or “Your” means the person(s) or entity using the Apple Software or Services or otherwise exercising rights under this Agreement. If You are entering into this Agreement on behalf of Your company, organization, educational institution, or an agency, instrumentality, or department of the federal government, “You” or “Your” refers to your company, organization, educational institution or agency, instrumentality, or department of the federal government as well. 2. Internal Use License and Restrictions 2.1 Authority to Enter into Agreements You certify to Apple that You have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement. Further, You agree to comply with the terms of and fulfill Your obligations under this Agreement, including obtaining any required consents for Your Authorized Developers’ use of the Apple Software and Services (e.g., as part of Your Applications), and You agree to monitor and be fully responsible for all such use by Your Authorized Developers and their compliance with the terms of this Agreement. You acknowledge that You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and Your Authorized Developers in connection with the Apple Software and Apple Services, Your Applications and Your related development and limited distribution efforts. 2.2 Permitted Uses and Restrictions Subject to the terms and conditions of this Agreement, Apple hereby grants You during the Term, a limited, non-exclusive, personal, revocable, non-sublicensable, non-transferable, and internal use license to: A. Install a reasonable number of copies of the Apple Software on Apple-branded computers that are owned or controlled by You to be used internally by You or Your Authorized Developers only as follows: (i) You may use the Xcode Developer Tools to test and develop application and other software; (ii) You may use the macOS SDKs to test and develop application and other software; (iii) You may use the Apple SDKs (excluding the macOS SDK) solely to test and develop Applications that are specifically for use with the applicable Apple-branded products for which the SDK is targeted, unless otherwise permitted by Apple in writing; and (iv) You may use the Apple Services solely to test and develop Applications that are specifically for use on Apple-branded products, unless otherwise permitted by Apple in writing. Except as otherwise expressly set forth in Section 2.2.B., You may not distribute any Applications developed using the Apple SDKs (excluding the macOS SDK) absent entering into a separate written agreement with Apple. B. Use Provisioning Profiles to install Your Applications onto a reasonable, limited number of Authorized Test Units solely for use by You and/or Your Authorized Developers and only for internal testing and development of Your Applications, or for Your own personal, non-commercial use. Apple reserves the right to limit the number of Authorized Test Units that You may provision for iOS, watch OS, and tvOS as well as the number of Authorized Developers (and Apple IDs) that You may register with the Apple Software for such provisioning. You agree to be solely responsible for determining which Authorized Developers in Your company or organization should have access to and use of Your Applications and such Authorized Test Units. You agree to clearly inform Your Authorized Developers that Your Applications that are deployed using Your Provisioning Profiles are to be used only by them (and not by any third parties) and are solely for use for internal testing and development purposes on Your behalf. You will be responsible for attaching or otherwise including, at Your discretion, any relevant usage terms for such Applications. Apple will not be responsible for any violations of Your usage terms. You will be solely responsible for all user assistance, warranty and support of Your Applications that are deployed by You under this Agreement. 2.3 Apple IDs You agree to register only a reasonable number of Apple IDs in the Apple Software and Apple Services for deployment and provisioning purposes. You agree to ensure that such Apple IDs are associated with You or Your Authorized Developers. You agree that all information provided to Apple by You or Your Authorized Developers in obtaining such Apple IDs or entering them into the Apple Software or Services will be current, true, accurate, supportable and complete. You agree not to fraudulently misrepresent or improperly acquire more Apple IDs than are necessary for Your own reasonable testing and development purposes. You understand that Apple may disable Your right to use Apple IDs within the Apple Software or may revoke Your Provisioning Profiles at any time in its sole discretion (e.g., if Apple suspects fraudulent or malicious activity with Your use of the Apple Software or Services). 2.4 Apple Developer Program If You would like a third-party to use Your Application for iOS, watchOS or tvOS, or You would like to distribute Your Application for macOS through the App Store, then You must enter into a separate written agreement with Apple (the Apple Developer Program License Agreement) and Your Application must comply with the Program Requirements and Documentation. Information regarding the Program Requirements is available at: http://developer.apple.com/programs/ios/information/index.html. Apple reserves the right to change the Program Requirements and/or the terms of the Apple Developer Program License Agreement from time to time. You are fully responsible for any and all costs, expenses or other liabilities You may incur as a result of Your development or use of the Apple Software or Services. For clarity, macOS applications and libraries may be distributed without entering into a separate written agreement with Apple so long as such applications and libraries comply with the terms of this Agreement. 2.5 Copies You agree to retain and reproduce in full the Apple copyright, disclaimers and other proprietary notices in all copies of the Apple Software that You are permitted to make under this Agreement. For clarity, You may copy only the entire package or piece of the Apple Software and Services in its entirety and only for use as permitted herein. You may not alter the Apple Software or Services in any way in such copy, e.g., You are expressly prohibited from separately using the Apple SDKs or attempting to run any part of the Apple Software on non-Apple-branded hardware. 2.6 Ownership Apple retains all rights, title, and interest in and to the Apple Software and Apple Services. The parties acknowledge that this Agreement does not give Apple any ownership interest in Your Applications. 2.7 Restrictions; No Other Permitted Uses The grants set forth in this Agreement do not permit You to, and You agree not to, install, use or run the Apple Software or Apple Services on any non-Apple-branded computer or device, or to enable others to do so. This Agreement does not allow the Apple Software or Services to be made available over a network where they could be run or used by multiple computers at the same time, unless otherwise expressly permitted in writing by Apple. Further, unless otherwise expressly permitted by Apple in writing, You agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Apple Software and Apple Services, in whole or in part, or to enable others to do so. You may not use the Apple Software and Apple Services for any purpose not expressly permitted by this Agreement. You may not and You agree not to, or to enable others to, copy (except as expressly permitted under this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the Apple Software or Services, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law, or to the extent as may be permitted by licensing terms governing use of open-sourced components or sample code included with the Apple Software). You agree not to exploit the Apple Services or Apple Software in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. Further, as a condition to using the Apple Software and Apple Services, You agree that You will not, directly or indirectly, commit any act intended to interfere with the Apple Software or Apple Services. All licenses not expressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or implied are granted by Apple, by implication or otherwise. This Agreement does not grant You any rights to use any trademarks, logos or service marks belonging to Apple, including but not limited to the iPhone or iPod word marks. If You make reference to any Apple products or technology or use Apple’s trademarks, You agree to comply with the guidelines at: http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html, as modified by Apple from time to time. 2.8 Updates; No Support or Maintenance Apple may extend, enhance, or otherwise modify the Apple Software and Apple Services at any time without notice, but Apple is not obligated to provide You with any Updates to the Apple Software and Apple Services. If Apple makes Updates available, the terms of this Agreement will govern such Updates, unless the Update is accompanied by a separate license in which case the terms of that license will govern. Apple is not obligated to provide any maintenance, technical or other support for the Apple Software and Apple Services. You acknowledge that Apple has no express or implied obligation to announce or make available any Updates of the Apple Software and Apple Services to anyone in the future. Should an Update be made available, it may have APIs, features, services or functionality that are different from those found in the Apple Software and Apple Services licensed hereunder. 2.9 Use of Apple Services in Your Applications Apple may provide access to Apple Services that Your Applications may call through APIs in the Apple Software and/or that Apple makes available to You through other mechanisms, e.g., through the use of keys that Apple may make accessible to You through the Apple Software or Apple Services. You agree to access such Apple Services only through the mechanisms provided by Apple for such access and only for use on Apple-branded products. Except as expressly permitted by Apple in writing, You agree not to share access to mechanisms provided to You by Apple for the use of Apple Services with any third party. Further, You agree not to create or attempt to create a substitute or similar service through use of or access to the Apple Services. You agree to access and use such Services only as necessary for providing services and functionality for Your Applications that are eligible to use such Services and only as permitted by Apple in writing, including in the Documentation. You may not use the Apple Services in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or Apple, or that violates any applicable laws or regulations. You agree that the Apple Services contain proprietary content, information and material owned by Apple and its licensors, and protected by applicable intellectual property and other laws. You may not use such proprietary content, information or materials in any way whatsoever, except for the permitted uses of the Apple Services under this Agreement, or as otherwise separately and expressly permitted by Apple in writing. You acknowledge that there may be storage capacity, transmission, and/or transactional limits for the Apple Services both for You as a developer and for Your Authorized Developers. If You reach or Your Authorized Developers reach such limits, then You or Your Authorized Developer may be unable to use the Apple Services or may be unable to access or retrieve data from Your Applications or through the applicable end-user accounts. You agree not to charge any fees to Your Authorized Developers solely for access to or use of the Apple Services through Your Application or for any content, data or information provided therein, and You agree not to sell access to the Apple Services in any way. Apple Services may not be available in all languages or in all countries, and Apple makes no representation that any such Services would be appropriate, accurate or available for use in any particular location or product. To the extent You choose to use the Apple Services with Your Applications, You do so at Your own initiative and are responsible for compliance with any applicable laws. Apple reserves the right to change, suspend, deprecate, remove, limit, or disable access to the Apple Services, or any part thereof, at any time without notice (including revoking entitlements or changing any APIs in the Apple Software that enable access to the Services). In no event will Apple be liable for the removal of or disabling of access to any of the foregoing. Apple may also impose limits and restrictions on the use of or access to the Apple Services, may remove the Apple Services for indefinite time periods, may revoke Your access to the Apple Services, or may cancel the Apple Services (or any part thereof) at any time without notice or liability to You and in its sole discretion. Apple does not guarantee the availability, accuracy, completeness, reliability, or timeliness of any data or information displayed by any Apple Services. You are responsible for Your use of the Apple Software and Apple Services, and if You use such Services to store any content, data, or information, then it is Your responsibility to maintain appropriate alternate backup of all Your content, information, and data. You understand and agree that You may not be able to access certain Apple Services upon expiration or termination of this Agreement and that Apple reserves the right to suspend access to or delete content, data or information that You have stored through Your use of such Services provided hereunder. You should review the Documentation and policy notices posted by Apple prior to using any Apple Services. Certain Apple Services may not be made available for Applications on all Apple-branded products and may not be made available to all developers. Apple reserves the right to not provide (or to cease providing) the Apple Services to any or all developers at any time in its sole discretion. 2.10 Xcode Server If You access the Xcode Server feature of the Apple Software (e.g., via the command line tools), then You may use the Xcode Server feature for Your own personal use or within Your company or organization, but solely for Your own internal testing and development purposes. You may not provide a service to any other party that integrates with or leverages services or information provided by Xcode Server or uses the Xcode Server feature in any way. As a condition of using the Xcode Server feature of the Apple Software, You represent and warrant to Apple that You (and any user of a client-computer that You permit to access Xcode Server on Your behalf) are appropriately licensed to use the applicable services, features or functionality of the Xcode Developer Tools, the Apple SDKs and/or the Apple Developer Program account and associated resources accessed through Xcode Server (e.g., anyone attempting to gain access to Your Apple Developer certificates stored on Xcode Server must be a member of Your paid Apple Developer Program account team). You agree to monitor and will be responsible for all such use by any user of a client-computer that You permit to access Xcode Server and their compliance with the terms of this Agreement and other applicable license agreements. 2.11 QuickTime Development Software You may use the QuickTime development software only to develop application software that is compatible with, and runs only on supported macOS and/or Windows platforms with QuickTime installed. Your software application may not interfere with the functionality of QuickTime Player or the QuickTime Plug-in, including but not limited to file type or MIME type associations that are registered to QuickTime. 2.12 System-Provided Images The system-provided images owned by Apple and documented as such in Apple's Human Interface Guidelines for iOS, watchOS, tvOS, and/or macOS (“System-Provided Images”) are licensed to You solely for the purpose of developing Applications for Apple-branded products that run on the system for which the image was provided. Upon termination of this Agreement, You may continue to distribute the System-Provided Images as used within Applications You developed using the Apple Software. 2.13 Additional Restrictions for Applications A. Use of the Apple Maps Service; Location If Your Application uses or accesses the Map Kit API from a device running iOS version 6 or later, Your Application will access and use the Apple Maps Service. All use of the Map Kit API and Apple Maps Service must be in accordance with the terms of this Agreement, and You agree that the Apple Maps Service is solely for use by Applications running on Apple-branded products. Your Application may use the MapKit API only to access the Apple Maps Service and/or Map Data in Your Applications (except as otherwise set forth below). As part of such access to the Apple Maps Service and/or Map Data through the MapKit API: -  Your Application must not remove, obscure or alter Apple’s or its licensors’ copyright notices, trademarks, or any other proprietary rights or legal notices, documents or hyperlinks that may appear in or be provided through the Apple Maps Service; -  You must not use the Apple Maps Service in any manner that enables or permits bulk downloads or feeds of the Map Data, or any portion thereof, or that in any way attempts to extract, scrape or reutilize any portions of the Map Data. For example, neither You nor Your Application may use or make available the Map Data, or any portion thereof, as part of any secondary or derived database; - Your Application may display the Map Data only as permitted herein, and when displaying it on a map, You agree that it will be displayed only on an Apple map provided through the Apple Maps Service; - Except to the extent expressly permitted herein, You agree not to copy, modify, translate, create a derivative work of, publish or publicly display the Map Data in any way. Further, You may not use or compare the data provided by the Apple Maps Service for the purpose of improving or creating another mapping service; - Unless otherwise expressly permitted in the MapKit Documentation for the Apple Maps Service, Map Data may not be cached, pre-fetched, or stored by You or Your Application, other than on a temporary and limited basis solely to improve the performance of the Apple Maps Service with Your Application; - You acknowledge and agree that results You may receive from the Apple Maps Service may vary from actual conditions due to variable factors that can affect the accuracy of Map Data, such as road or weather conditions; and - If Your Application accesses the MapKit API from a device running iOS version 5 or earlier, Your Application will access and use only the Google Mobile Maps (GMM) service. Such use of the GMM is subject to the following terms: http://code.google.com/apis/maps/terms/iPhone.html. If You do not accept such terms, You may not use the GMM service in Your Application, and You acknowledge and agree that such use will constitute Your acceptance of such terms. Applications that use location-based APIs (e.g., Core Location, MapKit API) or otherwise provide location-based services may not be designed or marketed for automatic or autonomous control of vehicle behavior, or for emergency or life-saving purposes.  Map Data and other location data provided by Apple is not intended to be relied upon in situations where precise location information is needed or where erroneous, delayed, non-existent, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.  If You choose to provide Your own location-based service, data and/or information in conjunction with the Apple maps provided through the Apple Maps Service (e.g., overlaying a map or route You have created on top of an Apple map), You are solely responsible for ensuring that Your service, data and/or information correctly aligns with any Apple maps used. For Applications that use location-based APIs for real-time navigation (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), You must have an end-user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. Further, any Applications that offer location-based services or location-based functionality must notify and obtain consent from an individual before his or her location data is collected, transmitted or otherwise used by the Application. B. Use of the HealthKit APIs and the HomeKit APIs You may use the HealthKit APIs only for internal testing and development purposes for Your Application. Your Application must not access the HealthKit APIs unless it is primarily designed to provide health and/or fitness services. You must not use the HealthKit APIs, or any information obtained through the HealthKit APIs, to disclose or provide an end-user’s health and/or fitness information to any third party and may only use such APIs for internal testing and development purposes for Your Application. If Your Application accesses NikeFuel points information through the HealthKit APIs, then Your use of the NikeFuel points information is subject to the NikeFuel points terms of service set forth at: https://developer.nike.com/healthkit/nikefuel-use-agreement.html. If You do not accept such NikeFuel points terms of service, including, but not limited to all limitations and restrictions therein, You may not use such NikeFuel points information in Your Application, and You acknowledge and agree that such use will constitute Your acceptance of such terms of service. You may use the HomeKit APIs only for internal testing and development purposes for Your Application. Your Application must not access the HomeKit APIs unless it is primarily designed to provide home configuration or home automation services (e.g., turning on a light, lifting a garage door) for hardware accessories licensed under Apple’s MFi Program. You agree not to use the HomeKit APIs for any purpose other than interfacing, communicating, interoperating with or otherwise controlling hardware accessories licensed under Apple’s MFi Program or for using the HomeKit database, and then only for home configuration or home automation purposes in connection with Your Application. Your Application may use information obtained from the HomeKit APIs and/or the HomeKit database only on an Apple-branded product running iOS. You agree not to export, remotely access, or transfer such information off such device (e.g., a lock password cannot be sent off an end-user’s device to be stored in an external non-Apple database). C. Compliance with Laws You agree that neither You nor Your Applications will disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like. You understand and agree that You and Your Applications must comply with all applicable criminal, civil and statutory laws and regulations (including privacy, data collection and location service laws and regulations) in any jurisdictions in which Your Applications may be delivered. You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, related or attributable to, or otherwise involving Your Application. You agree not to use the Apple Software and Services for any unlawful or illegal activity, nor to develop any Application that would commit or facilitate the commission of a crime, or other tortious, unlawful, or illegal act. You agree that, to the best of Your knowledge and belief, Your Applications will not violate, misappropriate, or infringe any Apple or third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g. musical composition or performance rights, video rights, photography or image rights, logo rights, third party data rights, etc. for content and materials that may be included in Your Application). Further, You agree not to use the Apple Software or Apple Services to create any Application or other software program that would disable, hack or otherwise interfere with any security, digital signing, digital rights management, content protection, verification or authentication mechanisms implemented in or by the Apple Software or the Apple Services, or by other Apple software, services or technology, or enable others to do so, unless otherwise permitted by Apple in writing. Applications must not contain any malware, malicious or harmful code, program, or other internal component (e.g. computer viruses, trojan horses, “backdoors”) and may not use any Apple Software or services in a way that could damage, destroy, or adversely affect Apple hardware, software or services, or any other software, firmware, hardware, data, systems, services, or networks. If Your Application includes any FOSS, You agree to comply with all applicable FOSS licensing terms, and You agree not to use any FOSS in the development of Your Application in such a way that would cause the non-FOSS portions of the Provisioning Profiles, Apple Software, Services, or any Apple-issued certificates to be subject to any FOSS licensing terms or obligations. 3. Pre-Release Software and Services Note: This Agreement applies to both the commercial release versions of the Apple Software and pre-release versions of the Apple Software, as applicable. You should review the release notes provided with the Apple Software if You are uncertain about Your confidentiality obligations or visit developer.apple.com for more information about pre-release versions. 3.1 Using Pre-Release Apple Software and Services Pre-release versions of the Apple Software or Apple Services should not be relied upon to perform in the same manner as a final-release, commercial-grade product, nor should they be used with data that is not sufficiently and regularly backed up. The pre-release Apple Software and Apple Services may contain inaccuracies or errors that could cause failures or loss of data and may be incomplete. You should back up Your data prior to using any pre-release Apple Software and Apple Services and not rely on them to perform in the same way as a commercial release of the Apple Software and Services. 3.2 Confidentiality You agree that pre-release versions of the Apple Software and Apple Services (including pre-release Documentation) will be deemed “Apple Confidential Information”; provided however that upon the commercial release of the Apple Software and Apple Services, such pre-release versions of the Apple Software and Apple Services will no longer be confidential. Notwithstanding the foregoing, Apple Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of Yours, (ii) information that is generally made available to the public by Apple, (iii) information that is independently developed by You without the use of any Apple Confidential Information, (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to You without limitation, or (v) any FOSS included in the Apple Software and Apple Services and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such FOSS. Further, Apple agrees that You will not be bound by the foregoing confidentiality terms with regard to technical information about pre-release Apple Software or Apple Services disclosed by Apple at WWDC (Apple’s Worldwide Developers Conference), except that You may not post screen shots of, write public reviews of, or redistribute any pre-release Apple Software or Services. You agree to protect Apple Confidential Information using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care. You agree to use Apple Confidential Information solely for the purpose of exercising Your rights and performing Your obligations under this Agreement and agree not to use Apple Confidential Information for any other purpose, for Your own or any third party’s benefit, without Apple's prior written consent. You further agree not to disclose or disseminate Apple Confidential Information to anyone other than: (i) Authorized Developers; or (ii) as otherwise agreed or permitted in writing by Apple. You may disclose Apple Confidential Information to the extent required by law, provided that You take reasonable steps to notify Apple of such requirement before disclosing the Apple Confidential Information and to obtain protective treatment of the Apple Confidential Information. You acknowledge that damages for improper disclosure of Apple Confidential Information may be irreparable; therefore, Apple is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies. 4. Indemnification To the extent permitted by applicable law, You agree to indemnify, defend and hold harmless Apple, its directors, officers, employees, independent contractors and agents (each an “Apple Indemnified Party”) from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys' fees and court costs) (collectively “Losses”) incurred by an Apple Indemnified Party as a result of Your breach of this Agreement, a breach of any certification, covenant, representation or warranty made by You in this Agreement, any claims that Your Applications violate or infringe any third party intellectual property or proprietary rights, or otherwise related to or arising from Your use of the Apple Software and Apple Services, Your Applications, Your development of Applications, or Your loading of Applications and limited distribution as permitted hereunder. You acknowledge that the Apple Software and Apple Services is not intended for use in the development of Applications in which errors or inaccuracies in the content, functionality, services, data or information provided by the Application or the failure of the Application could lead to death, personal injury, or severe physical or environmental damage, and, to the extent permitted by law, You hereby agree to indemnify, defend and hold harmless each Apple Indemnified Party from any Losses incurred by such Apple Indemnified Party by reason of any such use. In no event may You enter into any settlement or like agreement with a third party that affects Apple's rights or binds Apple in any way, without the prior written consent of Apple. 5. Term and Termination The license to use this version of the Apple Software and Apple Services is effective until terminated as set forth herein. This Agreement and all rights under this Agreement will terminate automatically or cease to be effective without notice from Apple if You or any of Your Authorized Developers fail to comply with any term(s) of this Agreement. All rights hereunder in any beta or pre-release versions of the Apple Software for a particular release will terminate upon the commercial release of such Apple Software. Upon the termination of this Agreement for any reason, You agree to immediately cease all use of the Apple Software and Apple Services and erase and destroy all copies, full or partial, of the Apple Software and Apple Services and all copies of Apple Confidential Information in Your and Your Authorized Developers' possession or control. At Apple’s request, You agree to provide written certification of such destruction to Apple. Apple reserves the right to revoke, disable or suspend any Provisioning Profiles or any access to the device deployment and provisioning features of the Apple Software and Services at any time, in its sole discretion. By way of example, Apple may do this if Apple has reason to believe that Apple IDs were fraudulently obtained, that an unreasonable number of devices have been entered into the Apple Software, and/or that the Services are being used in a fraudulent, suspicious, or improper manner. The following terms shall survive termination: Section 1, the last sentence of Section 2.1, the last two sentences of Section 2.2B., the second to last sentence of Section 2.4, Section 2.6, Section 2.7, the last sentence of 2.12, and Sections 3, 4, 5, 6, 7, and 8. Apple will not be liable for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy Apple may have, now or in the future. 6. NO WARRANTY A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND APPLE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND APPLE 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 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND APPLE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND APPLE SERVICES, THAT THE APPLE SOFTWARE AND APPLE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE AND APPLE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE APPLE SOFTWARE AND APPLE SERVICES WILL BE CORRECTED, OR THAT THE APPLE SOFTWARE AND APPLE SERVICES WILL BE COMPATIBLE WITH FUTURE APPLE PRODUCTS OR SOFTWARE. INSTALLATION OF THIS APPLE SOFTWARE AND USE OF THE APPLE SERVICES MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES AS WELL AS OTHER APPLE PRODUCTS OR SERVICES. D. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND APPLE 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 APPLE SOFTWARE OR APPLE 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. E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE AND APPLE 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. 7. LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE APPLE SOFTWARE AND APPLE SERVICES, OR YOUR DEVELOPMENT EFFORTS, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 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 under this Agreement for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). 8. General Legal Terms 8.1 Third Party Notices Portions of the Apple Software and Apple Services 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 Apple Software and Apple Services, and Your use of such material is governed by their respective terms. Further, certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple at opensource@apple.com. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software. 8.2 Consent to Collection and Use of Data A. Diagnostic and Usage Data - If You are running a pre-release version of the Apple Software and Services, then unless You opt out of diagnostic and usage collection, You agree that Apple and its subsidiaries and agents will collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about Your computer, system and application software, and peripherals, that is gathered periodically and automatically as part of the pre-release seeding process to test, provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to You (if any) related to the Apple Software, and to verify compliance with the terms of this Agreement. - If You are running a commercial version of the Apple Software and Services, then if You choose to allow diagnostic and usage collection, You agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about Your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to You (if any) related to the Apple Software, and to verify compliance with the terms of this Agreement. - You may change Your preferences for Diagnostics & Usage collection at any time by going to the Diagnostics & Usage setting in Your system software and deselecting the checkbox. The Diagnostics & Usage setting is found in the Security & Privacy pane within System Preferences. Apple may use this information, so long as it is collected in a form that does not personally identify You, for the purposes described above. To enable Apple’s partners and third party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, so long as the diagnostic information is in a form that does not personally identify You. B. Device Provisioning Data In order to set up and use the device provisioning, account authentication, and deployment features of the Apple Software and Services, certain unique identifiers for Your computer, iOS devices, watchOS devices, tvOS devices, and account information may be needed. These unique identifiers may include Your email address, Your Apple ID, a hardware identifier for Your computer, and device identifiers entered by You into the Apple Software for Apple-branded products running iOS, watchOS, or tvOS. Such identifiers and information may be logged in association with Your interaction with the Service and Your use of these features and the Apple Software and Services. By using the Apple Software or Services, You agree that Apple may transmit, collect, maintain, process and use these identifiers and information for the purpose of providing the Apple Software and Services, including using such identifiers for account verification and anti-fraud measures. If You do not want to provide this information, do not use the device deployment and provisioning features of the Apple Software or Services. C. Privacy Policy 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/. 8.3 Severability; Waiver If a court of competent jurisdiction finds any clause of this Agreement to be unenforceable for any reason, that clause of this Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. However, if applicable law prohibits or restricts You from fully and specifically complying with the Sections of this Agreement entitled “Internal Use License and Restrictions” or prevents the enforceability of either of those Sections, this Agreement will immediately terminate and You must immediately discontinue any use of the Apple Software and Apple Services as described in the Section entitled “Term and Termination.” Failure by Apple to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to this Agreement. Section headings are for convenience only and are not to be considered in construing or interpreting this Agreement. 8.4 Export Control You may not use, export, re-export, import, sell or transfer the Apple Software and Apple Services except as authorized by United States law, the laws of the jurisdiction in which You obtained the Apple Software and Apple Services, and any other applicable laws and regulations. In particular, but without limitation, the Apple Software and Apple Services 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 Apple Software and Apple Services, 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 Apple Software and Apple Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons. 8.5 Government End Users The Apple Software and Apple Services and 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. 8.6 Dispute Resolution; Governing Law Any litigation or other dispute resolution between You and Apple arising out of or relating to this Agreement, the Apple Software and/or Apple Services will take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, except that body of California law concerning conflicts of law. Notwithstanding the foregoing, the following shall apply as exceptions to You, but solely to the limited extent that You are entering into this Agreement for the sole purpose of acting on behalf of Your entity: A. If You (as an entity entering into this Agreement) are an agency, instrumentality or department of the federal government of the United States, then this Agreement shall be governed in accordance with the laws of the United States of America, and in the absence of applicable federal law, the laws of the State of California will apply. Further, and notwithstanding anything to the contrary in this Agreement (including but not limited to Section 4 (Indemnification)), all claims, demands, complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. §§601-613), the Tucker Act (28 U.S.C. § 1346(a) and § 1491), or the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2401-2402, 2671-2672, 2674-2680), as applicable, or other applicable governing authority; B. If You (as an entity entering into this Agreement) are a U.S. public and accredited educational institution, then (a) this Agreement will be governed and construed in accordance with the laws of the state (within the U.S.) in which Your educational institution is domiciled, except that body of state law concerning conflicts of law; and (b) any litigation or other dispute resolution between You and Apple arising out of or relating to this Agreement, the Apple Software and Apple Services, or Your relationship with Apple will take place in federal court within the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of and exclusive venue of such District unless such consent is expressly prohibited by the laws of the state in which Your educational institution is domiciled; and C. If You (as an entity entering into this Agreement) are an international, intergovernmental organization that has been conferred immunity from the jurisdiction of national courts through Your intergovernmental charter or agreement, then any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The place of arbitration shall be London, England; the language shall be English; and the number of arbitrators shall be three. Upon Apple’s request, You agree to provide evidence of Your status as an intergovernmental organization with such privileges and immunities. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 8.7 Entire Agreement; Governing Language This Agreement constitutes the entire agreement between the parties with respect to the use of the Apple Software and Apple Services licensed hereunder and supersedes all prior understandings regarding such subject matter. Notwithstanding the foregoing, to the extent that You have entered into the Apple Developer Program License Agreement (PLA) with Apple and are validly licensed by Apple to exercise additional rights, or to use additional features or functionality of the Apple Software or Apple Services under the PLA, You acknowledge and agree that the PLA shall govern Your use of such additional rights and privileges. No amendment to or modification of this Agreement will be binding unless in writing and signed by Apple.  The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. EA1421 8/24/16 ATTENTION! If you create a personalized page, go to your personal page or pages of any other licensees in the social network "Odnoklassniki", or download or copy ANY positioned therein CONTENT THAT YOU WILL AKTSEPTUETE THIS LICENSE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS OF ANY LIMITATIONS-or. This license agreement ( "Agreement") governs the relationship between LLC "Meyl.Ru", hereinafter referred to as "Licensor" and you, the Licensee The Social Network (the "Licensee"), regarding the use of social networks. 1. Terms used in this Agreement . 1.1 The Social Network - social network, known as posted on the Internet site "Odnoklassniki" at: (ok.ru or odnoklassniki.ru), the Site and available through the Site Licensee, mobile site, applications, and other resources sum of the following results of intellectual activity: 1) a computer program, and generated her audiovisual display (including its constituent graphics and user interface) allows licensees with access to the World Wide Web to create a personal page and get acquainted with the personalized pages of other licensees, implement contextual search information about other licensees , exchange private messages with other licensees, create groups and communities and join existing groups and communities, post, copy and upload personal photos and other PC content, use the other functions listed on the site; 2) the database in the form of aggregate data and content posted licensors and licensees on the Site, including the creation and filling of personal pages or through Personal Pages; Handling and maintenance of social networks, including the provision of access to it, as well as technical and organizational support, is carried out exclusively by the Licensor and at no charge. Participation Licensees in the social network takes place in an interactive (online) mode by connecting the Licensee through a worldwide network of the Internet to the Site. The licensor is the owner of the necessary volume of the right to social network as a computer program and all its constituent parts taken both individually and collectively, as well as audiovisual elements generated by it, with the exception of content that is not posted on a social network Licensor rights elements of which may belong to third parties. The Licensor is entitled to exercise the use, handling and distribution of social networks in their respective territories where it provides its use, handling and distribution. . 1.2 The Licensor - Limited Liability Company "Meyl.Ru", which gives the right to the use of social networks as a computer program under the terms of a non-exclusive license, the licensee and provides communication to the public, distribution, operation, maintenance, administration, Social Network. In terms of this Agreement, the Licensor grants the right to use social networks and access licensees to the Social Network and its additional functionality. The Licensor is a party to this Agreement. . 1.3 The Licensee - physical person with the necessary legal capacity to enter into this Agreement, which is a social network and that, in accordance with this Agreement shall be entitled to use the social network under this Agreement within. Licensee is a party to this Agreement; 1.4. Content - featured in The Social Network design elements, illustrations, graphics, photos, scripts, texts, videos, music, sounds and other items that are the result of intellectual activity or non-Parties, the rights to which belong to licensors, licensees or other persons . . 1.5 Applications - posted on a social network licensor or with his consent by third party computer programs (games, electronic services, etc.) or elements which may be used by Licensee in addition to the basic functions of social networks to create personal pages, exchange of personal messages with other licensees, search for information about other licensees, creating groups and communities, and accession to, placement, copying and downloading content. Licensee's use of the Application is not a condition for the use of basic social networking features. Using functional applications it can be driven by the need to acquire the right to use additional functionality Social Network. . Personal Page 1.6 - Social Network, containing part of the information posted in the account of Licensee (including, at the request of the Licensee, Licensee photos, information about friends, statuses, groups, communities, etc.) are available for inspection any other licensee. Personal page used by Licensee for personal messaging, the addition of other Licensees to friends and perform other actions. . 1.7 Licensee Account (Account) - account Licensee record created at the time of registration in a social network, allowing the Licensor to identify (authenticate) each Licensee with a unique username and password. Username and password to access the account are determined independently by the Licensee for registration in a social network, and they can be modified in the manner described in this Agreement or the "Help" section of the Site. . 1.8 Private messages - e-mails sent by one licensee to another, and are not available for review to other persons, the sending and receiving of which is carried out with the use of Licensee's Personal Page. . 1.9 Additional Functionality Social Network - additional functionality (software) opportunities Social Network (.. The direction of graphic images ( "gifts") other licensees, participation or the use of additional elements in certain games included in the Appendices, etc.), the right to use that are provided to Licensee for a fee, the amount and modalities of which are defined in this Agreement and the relevant sections of the Site. Functionals Social Network may provide for other methods of obtaining the right to use additional functionality and limitations on its use. Licensee may get acquainted with the above methods and limitations in the relevant sections of The Social Network. . 1.10 Unit of rights to use additional functionality Social Network (Units Rights) - a common unit (universal point), credited to the account of the Licensee by the Licensor, Licensee determines the extent of the rights to use the advanced functionality of the Social Network. The unit of rights to additional functional social networks are "OK". The scope of the licensee the right to use additional functionality Social Network is determined depending on the number of units of measure of the account of the Licensee. Accounting and cancellation of reflection and order units of measure of the account of the Licensee depend on the method of obtaining the right to use additional functionality and limitations established by the Licensor. . 1.11 License Agreement - text of this Agreement between Licensor and Licensee, containing all the necessary and essential conditions of the license agreement granting rights to use social networks, including the additional functionality of Social Network as a computer program. An integral part of this Agreement are also the rules of conduct of the Licensee or the rules of the commission of the Licensee certain actions, as well as the payment terms of specific elements of the Additional functional social networks and any other rules for the use of Social Network, hosted by the Licensor in the sections of the Site and / or the elements of the social network, including a mobile version of the site Applications and the Licensor. 2. The conditions of accession to the present Agreement Before you start using social networks, the Licensee must read this Agreement and with all applicable Social Network rules and other documents, which are placed in the appropriate sections of Social Network / online, including at http: // www. ok.ru/regulations. After filling out the required fields and get acquainted with the Agreement, Licensee is attached (accepts) this Agreement, by pressing 'up' or similar, which, within the meaning of Articles 435 and 438 of the Civil Code is the acceptance (acceptance), the Licensor offers, as well as the conclusion of the contract, generating Licensee obligation to comply with conditions of the Agreement, including the applicable rules in the Social Network. The actual use of social networks without the registration, in the form and to the extent available without registration, as well as the acceptance of this Agreement. After the registration, the user has the right to gain access to the additional functionality of social networks. Activation procedure may need to access. Conditions and order of activation profile posted on the Site / In the social network in the "Help" section. 3. Subject of the Agreement Under this Agreement, the Licensor grants the Licensee under a simple non-exclusive license right to use social networks like software and databases, including access to basic social networking features, and placed in it the information, as well as additional functional social networks, within the limits defined this Agreement. The right to use social networks, except for its additional functionality is provided to Licensee free of charge. The right to use additional functionality Social Network deemed to be granted to the Licensee at the time of reflection measurement units of the account of the Licensee. Continued use of Licensee's rights units of measure is carried out exclusively within the social network does not generate from the Licensor responsible for their use / non-use and can not be subject to judicial protection. Acquisition of rights to use additional functionality Social networks and their payment is not a necessary condition for Licensee's presence in social networks, or obtaining rights of use of social networks as a whole. Rights of Use Social Network Additional functionality is available on request and the request of the Licensee. 4. The limits of the use of social networks, including additional functionality 4.1. You may use the social network, including its additional functionality in the following ways: 4.1.1. functional use of Social Network, including participation in the formation of social networks by creating an account and personal pages and modify the content of the social network in the course of such participation by posting and processing of information and content interactions with other licensees in compliance with the rules provided for in this Agreement; 4.1.2. Social Network play elements, including the additional functionality in the form of receiving the information and content for personal use by the copy in memory of their personal computer and / or mobile device (download). In that case, if the elements of the content are copyright or personal images (pictures) by other licensees or third parties, Licensee with this their playing further obliged to obtain the consent of such persons on such reproduction; 4.1.3. subject to payment of the corresponding amount of the rights to use additional functionality of Social Network in accordance with this Agreement to use the additional functionality of Social Network; 4.2. Licensee is prohibited from: 4.2.1. reproduce, distribute, process for commercial or non-commercial elements of social networks, which are subject to copyright of the Licensor, other licensees or third parties without permission of their respective owners in the commission of these actions; 4.2.2. reproduce elements of design or user interface when creating a Social network sites or conducting any commercial activity on the World Wide Web or outside it; 4.2.3. spread outside the social network for commercial or non-commercial purposes audiovisual displays and credentials of other licensees are present in social networks, without the consent of the Licensee; 4.2.4. transfer granted to the Licensee the right to use social networks and / or additional functionality other licensees or third parties through the conclusion of sublicense agreement or otherwise; 4.2.5. to break forth in this Agreement (Section 5) The rules for the use of Social Network. 5. Terms of Use of Social Network 5.1. To make full use of Social Network Licensee to create an account. When Account licensee fills in the registration form. To access the Social Network Licensee formed a unique authorization data - login and password, which is confidential and shall not be disclosed, except as permitted by applicable law and / or this Agreement. The risk of the fraudulent and other illegal actions with the account of the Licensee in connection with the loss of a password, Licensee bears. Licensee is recommended to choose a password of sufficient complexity to avoid the possibility of selection of third parties. 5.2. Credentials Licensee specified during registration is recorded in the account and on personal pages (hereinafter - accounting data) processed by the Licensor for the purpose of proper implementation of this Agreement, the provision of targeted advertising services, the implementation of partnership programs and improving social networking features. 5.3. By accepting this Agreement and by placing data into account, the Licensee agrees to the processing of left Licensee Social Network credentials Licensor reflection of credentials to the personal page of the Licensee, as well as that carried on the open personal pages are public credentials. Licensee agrees that for the purposes specified in this Agreement, may be collected and used by additional information related to the Licensee obtained in the course of the Licensee's access to the Site and / or social networks or from third parties, and includes information about technical means (device) and how the process of interaction with the Site and / or social network (including IP-address of the host, type of licensee operating system, browser type, geographical location, information about the provider and otherwise) of the licensee activity on the Site and / or Social network and any other data obtained by the above methods. The purpose of processing of accounts of Licensee data is to determine the function of social networks, potentially of interest to Licensee, offers him to use these features, advertising campaigns, providing targeted advertising, providing Licensor services, carrying out statistical research and analysis of the statistical data, the implementation of other actions described in this agreement and the relevant sections of The Social network. Processing accounts of Licensee data is at all times during the period from the date of the registration of the Licensee and until it is deleted, unless otherwise provided by applicable law. Licensee agrees that the Licensor in the processing of accounting data is entitled to exercise with the following steps credentials: collection, systematization, accumulation, storage, use, transfer to third parties (including the transfer of anonymised statistical data), destruction or other necessary rights for the purposes of this Agreement and the implementation of social networking features. Licensee agrees that the user data can also be transferred to third parties in the cases provided for by the applicable legislation, as well as to protect the rights and interests of the licensee, the licensor and third parties in order to identify, investigate and punish illegal actions. By placing the information on the social network, including user and other data, the Licensee agrees that such information may be available to other users on the Internet, taking into account the existing functionality of the Social Network (which may vary from time to time by the Licensor), and that the licensor may limit the use of third party information from the social network, including for commercial purposes. Use of the information is determined by the Licensor under this Agreement. 5.4. After the registration process, Licensee is entitled to perform content account, personal pages, and other elements of social network content, add photos and other materials in accordance with the provided functionality, join the community and use other functions provided by the Licensor with the use of social networks, subject to this Agreement. 5.5. Licensee acknowledges and agrees that Licensee's placed in your account information and credentials are accessible to other licensees through personal pages Licensee, if access is not limited by the Licensee within the functionality of social networks. 5.6. Login TUVdotCOM Service List Social the Network Licensee Previously registered the accounts, Carried out each time by passing the the authorization procedure - the introduction of the the login and the password of the Licensee, you the click a the hyperlink, the Received by an e-mail address, as with a of result of the automatic torque the authorization of the use of cookies and other available and permitted by the Licensor ways technology. 5.7. A person authorized in the social network, it is considered proper owner of the account of the Licensee access to the use and management of which have been obtained as a result of this authorization. 5.8. When using Licensee Social Network technology can be used in cookies for automatic authentication of the Licensee in the social network, as well as for the collection of statistical data, in particular the attendance of social networks. 5.9. You may restrict or prohibit the use of cookies technology through appropriate browser settings. 5.10.The If Unable to the commit the the authorization in connection with the loss of a the password, account suspension, and for OTHER Reasons, You may contact support Licensor, an either follow the instructions the listed in the "the Help" section called and OTHER sections table of of of The List Social the Network. How to restore access to your account, Licensee authorization may be modified, repealed or amended unilaterally by the Licensor. 5.11.Licensor has taken Commercially reasonable Efforts to the ensure the FUNCTIONING of the social network A around the clock, But does not guarantee the convulsive absence of Interruptions related to Contents Technical malfunctions, Carrying out maintenance work and does not guarantee full or the partial performance of the the Application. Licensor does not warrant that the social network or any of its elements will be operational at any given time in the future, or that they do not stop working. 5.12.List Social network A, Including all scripts directory, applications, the content and design of the the website of, the mobile site is Provided "as with is". Licensor Makes the no warranty That the List Social the Network or its' the elements may the BE Suitable for specific uses clause. Of The licensor CAN not guarantee and Promise not the any does specific results from the use of its' social network A or the elements. Licensor does not warrant That Placed in the social network A the content and applications, Including OTHER licensees, Individual Licensee of ideas of morality. 5.13.When using Social Network Licensee shall take precautions against the Content, in particular Content posted by other licensees, other materials and information; the transition from placed on a social network hyperlinks; using any file, including software, in order to avoid negative impact on the Licensee's computer malicious software, unfair access to the account, password selections and other negative consequences for the Licensee. 5.14. Licensee by posting on a social network content provided by the Licensor may use the Content solely for the purposes of the Social network performance necessary for this method. 5.15. You may not download or otherwise communicate to the public (post to social networks, post on the Site) content and other intellectual property licensees, licensors and other persons, rights holders, in the absence of explicitly expressed consent of the owner and / or the necessary amount of rights such action. 5.16.Reproduction, copying, collecting, classification, storage, communication with social networks for commercial purposes and / or for the purpose of Social Network database extraction for commercial or non-commercial purposes, or its use in whole or in any part by any means is not without the Consent Permitted of the Licensor. It is forbidden to use automated scripts directory (programs, the bots, crawlers) to the collect information and (or) Interaction with the social network A without the Consent of the Licensor. 6. The rights and obligations of Licensor 6.1.Licensor Provides an ongoing management of List Social the Network, DEFINES its' structure, appearance, Permits or The restricts the access to the List Social the Network Licensees in violation of the Provisions of the this Agreement, exercise Other OTHER rights Belonging to HIM. Licensee agrees That the Licensor may use the functional and Contents Technical capabilities of the software (audio / video ) provides a display placed within the social networks of the Content, in its sole discretion, including for advertising display purposes. 6.2.Of As part of the interoperability Between the licensee of, Including licensees of Opportunities Independently the perform Certain the actions Within the social network A, the the Site, the Licensor Shall ACT only as with a person the who has Organized the Technological Possibility of such Cooperation (information an intermediary). Updates Related to the this interaction the transfer, storage and access via the Internet and software Social Network to grants the Licensee the information, graphics and other materials are made of such materials without changing or influencing their content on the part of the Licensor. 6.3. The licensor decides independently on matters of order placement on the social network and / or on the website advertising, participation in affiliate programs, etc. 6.4. Licensor has the right to: 6.4.1. AT the any time the change to the design and the user the interface of the site and social networking sites, Their the content, the content Provided by Including Additional Functionality features of social networks, modify or supplement USED scripts directory, software, the content Licensor and the items OTHER USED or stored in social networks and / or on the Site, any applications and server applications to Licensee or without notice; 6.4.2. Removed without the any reason and without notice the any the Content, Including the Content That violates the discretion of the Licensor and / or may Interfere with the Russian Federation, Legislation, the Provisions of the this Agreement, the rights of licensees or OTHER THIRD, Parties, Causing them harm or threaten the security; 6.4.3. In its' Sole discretion to the remove the any information (Including personal messages Licensee, Licensee comments The on this photos, statuses, OTHER OTHER information and materials), Including Those Placed by the Licensee in the social network A, in violation of the Russian Legislation or the provisions of this Agreement; 6.4.4. The suspend, the restrict the terminate Licensee's or the access to the any or all of the sections table of the of the Site and / or the elements of social networking, Communities, The groups, social networks, social networking features, Including its' Additional Functionality to the remove generated Licensee and Communities groups, at any time without giving reasons with or without notice thereof; 6.4.5. The remove the Licensee's account AT its' Sole discretion, Including, in a case of the Licensee's That Violate the actions or the Russian Legislation Provisions of the this Agreement; 6.4.6. Licensee to Provide for a payment the right to use the Network List Social Additional Functionality under the terms Provided for in the this Agreement and the Relevant sections table of the of the Site and / or the elements of social networks, Including the Annexes; 6.4.7. Licensees the carry messages mail address (Including an e-mails, sms-messages, etc. The), are notices on the introduction of new, or the Abolition of the old social networking features, new the private messages, comments The, and the status in this photos the Personal page of the Licensee or the like, containing promotional information about the social features, including additional functionality. 6.4.8. In order to the collect the data and statistical identification of the Licensee to the install and Maintain information about the IP-in addresses is of Licensee's the access to social networks, to use the Contents Technical information files is (, the cookies have), Placed on the personal computer of the Licensee; . 6.4.9 the when using the social networks to the make comments The Licensees, Prevent, inform, inform Them of the non-compliance Licensees of the this Agreement. Guidelines of Licensor, Licensee the data DURING the process of using the social networks, are Obligatory for execution by the Licensee; 6.4.10. To take the Measures not forbidden by the law to protect Their own Intellectual property rights with Respect to social networks; 6.5.Licensor shall not consider or resolution of disputes and conflicts arising between licensees or third parties, located in The Social Network Applications with the consent of the Licensor, at Licensee's use of these applications, however, at its discretion, may assist in resolving any conflicts. Licensor shall have the right to suspend, restrict or terminate Licensee's access to social networks (the eligibility of the use of social networks) in the case of another (-their) Licensee (s) motivated complaints of improper or unlawful conduct of the licensee on the Site. 6.6. Licensor shall assume the following obligations: 6.6.1. The conditions the set of forth in the this Agreement, Provide the Licensee the right to use social networks as with a software and / or the database Including Additional Functionality Within the a limits the ESTABLISHED by the this Agreement; 6.6.2. The notify the Licensee by publishing's the information on the Site or the send the messages on the social network A about changes in the conditions of the this Agreement. 7. Rights and obligations of the Licensee 7.1. You may: 7.1. Producing of the Account and personal settings page, the change the the username and the password the access to your account; . 7.1.2 Placed in the account of the Licensee information about yourself The, the add this photos, the status, the comment and rate The on this photos and statuses of OTHER licensees; 7.1.3. Search for OTHER licensees Licensees Communities, as with as with a well on the information known to the Licensee and the Relevant information posted on the Licensee FINDS the personal pages; 7.1.4. The create new Communities, The groups and the join the existing ones, use social networking features and applications and the deploy Them in the materials according to the 'requirements of the layout, the which are contained I in the Relevant section called the List Social of the Network . 7.1.5. The send and the receive the private messages, the add messages to the forum forum; 7.1.6. MODERATE the this photos posted on personal pages of OTHER licensees. This right may the BE exercised licensees, The subscribe to moderation by changing the settings Relevant the Account; 7.1.7. Acquire the right to use Additional Functionality of the Network List Social and the carry out the implementation part of rights for These in Accordance with the this Agreement; 7.1.8. Exercise Other OTHER not prohibited by the Legislation of the Russian Federation, or the this Agreement the the actions the associated with the use of social networks. 7.2. Of The Licensee Shall: 7.2.1. Comply with the terms of the this Agreement, without the any restrictions; 7.2.2. AT the time of registration in the List Social Conditions creation account and the Network to the Specify accurate information; . 7.2.3 not Exceed the a limits of the use of social networks and Additional Functionality List Social the Network section called in the ESTABLISHED 4 of this Agreement; 7.2.4. Not Violate Otherwise the Intellectual property rights of the Licensor in Respect of social network A or the any of its' the elements, in Particular, the Licensee Shall not copy-, transmit timeout, the distribute, or the publish Otherwise the distribute or reproduce the Network List Social Placed Licensor materials ( text, image,, audio and video ) without the written consent of the Licensor; 7.2.5. Independently Appropriate to take the Measures to the ensure a His account security and personal pages, and to Prevent unauthorized THIRD, the access by Parties (in Particular, the ensure That is the the password for stored is not in your browser, Including the use of technology, the cookies have, with Possible use of Licensee's computer device by third persons ); 7.2.6. Follow the instructions of the Licensor, in Particular, the the data by the Licensor to the Licensee or group of licensees in a social network A, in the center of the support members (Licensees), in the section called news of the Network of The List Social , the forum forum of the Licensor. with In a case of the default by the Licensee of such instructions Licensor has the right to the suspend, the restrict, a cease to Provide the Licensee the right to use social networks, or some of its' functions the, Including the Additional Functionality of List social Network; 7.2.7. AT the request of the the Licensor in connection with the Conclusion and execution of the this Agreement, to Their The confirm the credentials, Including the surname, first name, the data OTHER; 7.2.8. Not to the post this photos are the sealed That in addition to Licensee OTHER persons without Their Consent prior's, The except in cases where clause, in Accordance with the Article 152.1. Of the Civil Code That Consent is not required; 7.2.9 notify the Licensor of all cases of the social network for action Licensee that may be considered offensive, derogatory, defamatory, etc.; 7.2.10. Not to the create new Communities (A school of, college, university, military unit, PLACE of work, the rest of PLACE) Provided That there is the Same community; 7.2.11. Periodically to the view the the content of the this Agreement, on the AT the of Internet the following address and follow the http://ok.ru/regulations Amended. 7.2.12. To Comply with OTHER 'requirements, and Comply with OTHER Obligations under the this Agreement and Placed in the sections table of the of the Site and / or social networks. 7.3. Licensee warrants That IT has all the Necessary legal-authority and capacity to Press enter to Into the this Agreement. 7.4. Licensee may not: 7.4.1. To the collect the credentials of the OTHER licensees; 7.4.2. Use the any automated or automatic torque Means to the collect the information posted on the the Site and / or in the social network A; . 7.4.3 to the carry out propaganda Agitation or inciting social, racial, or National Religious hatred and enmity, propaganda of war, social, racial, National, Religious or language Superiority; . 7.4.4 PLACE in a social network A transmit timeout or through personal messages of restricted directive information (confidential information) THIRD, Parties, the licensee of the if does not have the sufficient rights under the law or the contract for the disclosure of such information; 7.4.5. The post, reproduce, process, the distribute, the publish on the social network A, the Communicate to the public, transfer, or the sell USED Otherwise in Whole or in part the content of the licensors, licensees and THIRD, Parties, are are subject to copyright The OTHER and exclusive rights, without prior authorization, except as required by this agreement, the applicable laws of the Russian Federation, as well as cases where the rights holder explicitly expressed its consent to the free use of their own content by any person. Downloading audio, video or other content to the social network, as well as placing content on social networks otherwise, Licensee acknowledges that it has all necessary for this right, including the right of communication to the public that this arrangement does not violate and will not violate the rights and the legitimate interests of right holders and THIRD, Parties, and That all the Necessary Permits and Consent of the respective owners and THIRD, Parties have Been Duly and Explicitly the Prepared for the this. of the List Social the Network may not the post the content Unless Licensee has the Necessary rights for the this and / or the consent of the owner; 7.4.6. PLACE in the social network A in the the public the domain (the forum forum, the comments The and / or the status) or pass through the private messages text messages, the graphics or the content OTHER Whose material is offensive to OTHER OTHER licensees or persons, or may the BE regarded as such, as well as messages , images and other materials, which discredit the licensee or other persons, contain threats, incitement to violence, the commission of illegal acts, antisocial, immoral acts, as well as committing any acts contrary to the principles of public order and morality; 7.4.7. PLACE in a social network A messages, the graphics or materials OTHER (Including are untrue), the allocation of the which Causes or is likely to prejudice to the of honor, Dignity and business reputation of a citizen or business reputation of the Organization; 7.4.8. PLACE in a social network A That the contain an obscene messages Words and expressions; 7.4.9. PLACE in a social network A of materials of erotic and pornographic nature or hypertext links to the websites Containing such material; 7.4.10. PLACE in a social network A Promotes information the which by suicide, IT the contains a description of Methods of by suicide and the any incitement to the commit IT; 7.4.11. place in a social network information associated with occult themes and activities (magic, fortune telling, Satanism, omens, charms, witchcraft, ritual, astrology, horoscopes, etc.); 7.4.12. place in a social network advertising and other information on narcotic drugs and psychotropic substances, including information on the distribution of drugs, their manufacture recipes and tips for use, as well as post information of an extremist; 7.4.13. place in a social network information that violates the rights of minors; 7.4.14. place in a social network of the wrongful nature of the information; 7.4.15. place in a social network personal information, including contact details, other licensees or other persons without their prior consent; 7.4.16. specified during the registration or subsequently entered false information or the wrong information; 7.4.17. place in the social network as a self-image pictures of others without the consent of such persons or fictional characters, images of animals, objects, abstract images, and any other graphics, non-image Licensee accommodating image data, without the proper consent of rights holders (authors) such images; 7.4.18. Licensee register account for the use of a group of persons or organization, except for cases when the account is registered solely for the purpose of placement of advertising materials, and other text messages to groups of social networks advertised via target.mail.ru systems or other advertising placements, agreed with the commercial Licensor department; 7.4.19. register more than one account of the Licensee by the same person; 7.4.20. to carry out actions aimed at destabilizing the functioning of the Site and / or social networks to carry out unauthorized access to the management of the Site and / or social network, or closed sections (including sections, accessible only to the Licensor is allowed), as well as to any other similar actions; 7.4.21. of unauthorized access to accounts of other licensees or by the selection of a password, as well as the attempt of such access; 7.4.22. to carry out spamming - mass distribution of commercial, political, advertising and other information (including hyperlinks that lead to websites with such information and / or Internet sites containing malicious software) to private messages, comments, messages in the forums , personal pages Licensees or perform other actions aimed at the dissemination of such information, if the licensee recipients did not express their consent to receive such information; 7.4.23. use the social network to search for debtors or for other similar purposes; 7.4.24. place in a social network information, including the Group, contributing to the promotion, advertising and promotion of tobacco and tobacco products, drugs, drugs, spirits and soft drinks; 7.4.25. place in the social network as other information which, in the opinion of Licensor does not comply with the policy and objectives of the creation of social networks. 8. Warranty and liability. 8.1. Licensee ensures that placing them in a social network or a transmission by means of private messages of information, content and other legally protected intellectual property, their parts or copies, as well as other materials does not violate anyone's rights and legitimate interests. In case of receipt of third party claims for breach of this Agreement with regard to posting information and / or Third Party Content, Licensor shall have the right to transfer to the extent permitted by law, available to him the contact information of the Licensee persons applying to the claims, in order to settle a disagreement . 8.2. Licensee warrants that it will be taken the appropriate measures to ensure the confidentiality of credentials (username and password) used to authenticate them on the social network, and to prevent the possibility of authorization by others. 8.3. Licensor shall comply with the privacy of correspondence, carried out by licensees private messages. 8.4. Licensor warrants the use by the Licensor in your account Licensee's e-mail address and mobile phone number to contact the Licensor to the Licensee, send Licensee notifications, messages and sms-messages, as well as to provide Licensee social networking features with Licensee's consent, which may be expressed at assistance features Social network, unless otherwise provided in this Agreement or applicable law. 8.5. Licensor does not participate in shaping the content of the Personal Licensee pages and downloading them to the Content does not control the actions of the Licensee does not exercise and has no technical capability to carry out automatic censorship of information in the public sections of sites and social networks, personal pages Licensee, censor private messages and is not responsible for the acts or omissions of Licensee. 8.6. The licensor does not exercise and has no technical capability to carry out pre-moderation information and content hosted by the Licensee, and is not responsible for its content. 8.7. Licensor shall not be liable for any failures and interruptions in the Social Network and they cause loss of information. Licensor shall not be liable for any damage to the Licensee's computer, mobile devices, any other hardware or software caused by or arising from use of the Site or sites accessible by hyperlinks on the site. 8.8. Licensor shall not be liable for the selection of the access password to the account of the Licensee or any third party acts committed with the use of the account of the Licensee. 8.9. Licensor shall not be liable for any damages, including lost profits, or damages resulting from the use of social networks, receiving the Content or other materials to which the licensee or other person gained access through social networks, even if the Licensor warned or pointed the possibility of such damage or injury. 8.10. Licensee is responsible for illegal actions carried out with the use of his account, as well as in connection with the placement of content using its accounts in social networks, to the personal licensee page or other licensees, forums, comments and in other sections of The Social Network and / or the Site . 8.11. Licensee is personally responsible for any Content or other information, which it places in a social network or otherwise communicate to the public in a social network or using it. The licensee undertakes to allow the claims of third parties related to the illegal placement of content and information on the social network. 8.12. Hyperlinks to any site, product, service, or any information of commercial, non-commercial nature, placed in the social network that are sent in private messages Licensees placed in the forums on the personal page Licensees etc. It is not an endorsement or recommendation of these products (services) by the Licensor. Licensor shall not be liable for damage caused to the Licensee as a result of the transition on such hyperlinks. 8.13. Licensor shall not be liable for any illegal actions of the Licensee or third parties when using social networks. 8.14. Licensor shall not be liable for statements Licensee, published in The Social Network. Licensor shall not be liable for the behavior of the Licensee in the social network, disrespect to other licensees. 8.15. Licensor shall not be liable for the loss of the Licensee access to your account on a social network (loss of login, password, other information necessary to use the Account or personal pages). 8.16. The Licensor is not responsible for incomplete, inaccurate, incorrect indication of the Licensee of its data when creating your account and personal pages. 8.17. When using Licensee gaming applications of Social Network The Licensor shall not be liable for the loss of Licensee during gameplay gaming values ​​resulting from participation in such gaming applications or acquisition of additional functional social network. 8.18. Licensor shall not be liable for the lack of Licensee's access to the Internet, for the quality of services Internet service providers with which Licensee agreements on provision of access to Internet services. 8.19. Licensor shall not be exchanged for cash or non-cash money or other valuables Social Network functions obtained by the Licensee in the course of its use or the use of additional functional social networks, including units of measure the rights to use the additional functionality of the Social Network. 8.20. Licensor shall reimburse Licensee costs associated with the acquisition of the Licensee the right to use additional functionality social networking, including in the case of suspension or termination of access to social networks, or the suspension or termination of this Agreement for any reason, except as otherwise expressly provided by applicable law. 8.21. Licensor shall not be liable for direct or indirect damages and loss of benefit of Licensee or other third parties arising out of: 8.21.1. use or inability to use the Social Network; 8.21.2. unauthorized access of any third party personal information of Licensee, including account and personalized page Licensee; 8.21.3. statements or conduct of any third party in a social network or on the Site; 8.21.4. Deleting your account, content or termination of operation of certain elements of social networks or social networks in general. 8.22. In all circumstances, the Licensor be liable to Licensee limited to the amount of 3 000 (three thousand) rubles, with the loss of profit is not refundable, except as otherwise expressly provided by applicable law. 8.23. Licensor is not obligated to provide Licensee any evidence, documents and so on, indicating violation Licensee terms of the Agreement, in which the Licensee has been denied access to the social network or its individual functions, including the components of additional functional social networks, or such access It was discontinued and / or limited. 8.24. Claims of Licensee, Licensor sent, received and considered under the condition possible to establish the fact of belonging Account specific person. Taking into account the possible presence of Accounts with similar credentials, Licensor shall have the right to require the provision of additional data and information, including in respect of the Licensee's account, allowing to determine, in connection with any claim account is issued, or install accessory Account person who has submitted a claim. 8.25. Licensor shall not be liable for any damage to the Licensee's health that can be caused by the Licensee in connection with the use of the Annex. Licensee is hereby notified that the application can provide a variety of audio and / or video effects, which, under certain circumstances, can cause in people who are prone to epilepsy or other disorders of the nervous nature, worsening of these conditions and Licensee ensures that these disorders does not suffer or undertakes not to use the application. Licensee hereby notified that regular long (continuous) finding the personal computer in a variety of complications can cause physical state including impaired vision, scoliosis, various forms of neuroses and other negative effects on the body. Licensee warrants that it will use the application only for a reasonable time, with breaks for rest or other measures for the prevention of the physical condition, if Licensee is recommended or prescribed. 9. Additional Functionality Social Network 9.1. This section of the agreement regulates the order and conditions of the Licensor to the Licensee of the rights of access to additional functionality Social Network. 9.2. At the request of the Licensee Licensor grants to Licensee on a reimbursable basis the right to use additional functionality of Social Network that allows the Licensee to use additional, advanced, special software features Social Network (status in the personal pages, the ability to direct other licensees graphics in the form of "gifts", etc. ). The right to use additional functionality Social Network is available to Licensee under the terms of a simple non-exclusive license for a fee in the amount determined by this Agreement, based on the size of such payment. Payment for the right to use additional functionality Social Network (payment of one-time license fee) is carried out by the Licensee in the currency of the respective territory, in accordance with the established order of the conversion. Licensor's fee for the right to use additional functionality is calculated from the total number of units of measure the rights to use the additional functionality of Social Network and value expressions of Units rights to use additional functionality Social Network, the address: http://www.ok.ru/payment. The value of the Units of the rights of use may be modified by the Licensor unilaterally at any time without prior notification of the Licensee. You may use the acquired right to use additional functionality to the extent reflected in Licensee's account-units of measure the right freely within the social network, including the use of specific social networking features and / or applications. Licensee acknowledges that the following licensing Using advanced features of Social Network in the amount of units of measurement of the rights, the Licensee shall not be entitled to claim from the Licensor return the license fee paid for such rights. 9.3. The moment of the right to use additional functionality Social Network is the moment of reflection at the account of Licensee rights corresponding number of units of measurement. Rights of Use Social Network Additional functionality is provided to Licensee for the term of this Agreement, unless the scope of the exhaustion of rights granted to not come earlier. 9.4. Methods and terms of payment of rights to use additional functionality through the Social Network Payment Systems published by the Licensor on the Site and / or in a social network: http://www.ok.ru/payment. Adding a license fee made licensee by transferring money through a supported payment methods. The list of available payment methods for a given on the Site. 9.5. If you pay the right to use additional functionality Social Network Licensee shall follow the payment instructions on the procedure and the methods of payment, including rules on the message is written and number of short text messages (SMS), including the method of uppercase and lowercase letters, numbers, and input language. Provide the Licensee the right to use additional functionality provided by the Social Network in the performance of the attached regulations and the terms of payment. Licensor shall not be liable for the correctness of the implementation modalities for the payment by the Licensee. For rules and procedures for the use of payment systems for the payment of the rights to use the additional functionality should refer to the legal entities - holders of these payment systems. Licensor makes Licensee clarification on issues relating to rules and procedures of using such payment systems, and does not pay the Licensee compensation money paid for the acquisition of rights to use additional functionality Social network through payment systems, if such payments were carried out with violations of the rules established payment systems, with the result that funds are not received Licensor. 9.6. Provide the Licensee the right to use additional functionality Social Network is carried out only when full payment of such rights by the Licensee in accordance with the terms of this Agreement. At the same time before the payment confirmation of rights to use the Licensor may not make them available to the Licensee or to make them available to a limited extent. 9.7. With In That a case, the if the of result of a Contents Technical error, or social network A failure The or the any of its' the elements, or deliberate the actions of the Licensee IT WAS to the access Additional Functionality List Social network A without the having to purchase the right to use in Accordance with the this Agreement, the procedure Licensee Shall report the Fact to the Licensor and to a pay the cost of the Licensor the right to use the this Additional Functionality, or to Eliminate all Consequences of misuse of of the the Additional functional social network A. Licensor Shall have the right without notice to Licensee independently eliminate such effects. 9.8. The Licensee shall retain proof of payment for the rights of use of additional functional social network at all times the use of social networks, and on request of the Licensor to provide him with such documents, as well as information on the circumstances of the commission of such payment by the Licensee. 9.9. Of The exclusive right to the distribute the Network Additional Functionality List Social Belongs to Licensor, and therefore the no Offers of THIRD, Parties to 'grant the right to use Additional Functionality List Social networks CAN not the BE Regarded as with a Licensee Proposals emanating from the Licensor. In case of disputes, ambiguous situations or areas of Licensee of any third party proposals relating to the payment of rights to use additional functionality Social Network or the placement of such ads and offers on the Internet, with the exception of placed on behalf of the Licensor on the Site, the Licensee shall immediately notify the Licensor. If the Licensee in breach of this provision, made the payment to the specified ad using the details set out in this declaration, the Licensee claims Licensor about the lack of Licensee access to additional functionality of social networking is not accepted, and the Licensor does not compensate Licensee money spent by the Licensee in such circumstances. 9.10. If it is determined by the Licensor, Licensee has access to the additional functionality of the Social Network of third parties, Licensee shall have the discretion either to suspend or restrict, or terminate Licensee's access to social networks and / or its additional functionality. 9.11. Acquisition of rights to use Additional Functionality List Social the Network does not relieve the licensee of from compliance with the this Agreement and the application to IT of the any the Measures specified 'in the this Agreement, Including the full or the partial waiver of Licensor from Further the access to social networks and Additional functionality social networking and removal of the Licensor Account Licensee unless otherwise expressly provided by applicable law. 9.12.Licensee Licensor warrants that it has the right to use their chosen funds to pay for the right to use additional functionality Social Network, without violating the laws of the Russian Federation and / or the law of a country, of which the licensee and the rights of Parties THIRD,. Licensor Shall not liable to the BE for the any damage to THIRD, Parties and / or licensees OTHER Caused by Licensee's use of the non-payment of a His Means. 9.13.Licensor Shall not the BE liable to for the any illegal the actions of the Licensee the when-making payment for the rights of use of Additional functional social network A. Licensor Reserves the right to unilaterally the suspend or the terminate Licensee's the access to the Additional Functionality of the List Social the Network, the if there is a suspicion of the commission of unlawful acts by the Licensee up to ascertain the circumstances, unless otherwise expressly provided by applicable law. 9.14. If Licensor has reason to believe that Licensee commits illegal actions or fraud related to payment for the right to use additional functionality Social Network, the Licensor has the right to convey relevant information to law enforcement agencies to carry out checks on this fact. 9.15. Payment Features Licensee the right to use additional functional social network with the help of bank cards: 9.15.1. The Operations with bank cards are made the cardholder or Authorized person. 9.15.2. The authorization of Transactions on bank cards is Carried out by the bank. The If the bank has reason to Believe That the the transaction is fraudulent, the bank has the right to a refuse the implementation part of the this operation. Fraudulent Transactions with bank cards is a criminal offense. 9.15.3. The To Avoid cases of fraud in bank card payment fees, a paid by credit card the BE CAN verified by the Licensor. Licensee-card holder, the apply for such payment Shall, upon the request from the Licensor, the Licensor to Provide a copy-of the Necessary documents to the confirm the of fair use of a credit card. with In a case of failure the by the Licensee of the Requested documents Within 14 days from the execution date of payment or there is doubt about their authenticity, the Licensor is entitled to suspend the provision of the Licensee the right to use social networks and additional functionality social Network to ascertain the circumstances. 9.16.Licensee agrees, understands and Accepts the Fact That the social network A and its' application is not a game of chance, a game for money, competition, bet A. Acquisition of rights to use the Additional Functionality of List Social the Network is a Realization of a His own will of and desire, and it is not necessary or a prerequisite for the use of social networks and its core functionality. 10. The territory and period of validity of the Agreement 10.1. You may use the social network and additional functional way of social network as described in this Agreement, the entire territory of the Russian Federation, as well as other territories in which it is accessible using standard computer tools and programs. 10.2. This Agreement is effective is from the date of its' terms by Licensee, and is the valid for one's (1) calendar year. 10.3. This Agreement shall be automatically extended for each subsequent one (1) year, unless before the expiration of the term of the Agreement: 10.3.1. Licensor does not the make a Decision to Amend the Provisions of the this Agreement, the need for a new Agreement with the licensee of, administration and termination of service, and the Network List Social of the terminate the access to, or termination of the this Agreement for the Licensee, or termination of access to the use of social networks in relation to the Licensee. 10.3.2. Licensee decides to discontinue the use of social networks and do not the delete your account. 10.4. Licensor shall have the right at any time without notice to Licensee and without giving any reason to terminate this Agreement unilaterally and extrajudicially with immediate termination of access and ability to use the social network and without refund of any expenses, losses or return obtained under the Agreement , including in cases of closed social network, anyone, including single, Licensee violates the terms of this Agreement and any other cases referred to by the Licensor in the pages of the social network, unless otherwise expressly provided by applicable law. 10.5. Licensor shall have the right at any time without notice to Licensee and without giving any reason to suspend access to and use social network without refund of any expenses, losses or return obtained under the Agreement, including in the case of a single Licensee violates the terms of this Agreement unless otherwise expressly provided applicable law. 10.6. You may at any time without notice to Licensor and without giving any reason to terminate this Agreement unilaterally and extrajudicially by deleting the account of Licensee without refund of any expenses, losses or return obtained under the Agreement unless otherwise expressly provided by applicable law 10.7. Licensee agrees to and fully accepts that all exclusive rights or the necessary software licenses constituting an element of social networking and / or used for its administration and operation, including its constituent audiovisual displays, as well as a graphical website design, photography, animation, video , videos, sound recordings, sound effects, music, text content of the Site / Social network and Applications of Social network, with the exception of the content uploaded to the Site / Social network Licensee Licensor, unless otherwise explicitly stated in the Agreement, the Site or in the Appendices. 10.8. This Agreement does not provide for the assignment of any exclusive rights or granting of an exclusive license to any component of social networks from the Licensor to the Licensee. 10.9.The If the Licensee, in Accordance with the Laws of a His state is forbidden to use of Internet or social networks, or there are OTHER legal-restrictions, Including restrictions on the age of admission to such software, you CAN not use the social network A. With In the this a case , the Licensee is solely responsible for the use of social networks on its territory in violation of local laws. 11. Final Provisions 11.1. This Agreement may the BE modified by the Licensor without the any prior's notice. Any For changes to the Agreement, the Licensor Implemented unilaterally Press enter to Into force on the day the following the day of publication of such changes on the the website of / social network A Licensor. Of The licensee of undertakes to the verify the Agreement on the are subject of the change. the Failure by the Licensee the actions to familiarize with the Agreement and / or the modified version of the Agreement CAN not justify the non-performance by the Licensee of its' Obligations and the non-compliance by the Licensee restrictions the ESTABLISHED the Agreement by. Actual Primary use of the Network List Social Licensee the after changes mean the Licensee's Acceptance of the new terms and conditions of the Agreement. 11.2.Of The invalidity of one's or more Provisions of the Agreement, Recognized in the the ESTABLISHED order CAME Into force a court Decision, does not Imply the invalidity of the Parties to the Agreement as with a Whole. With In the the event That one's or more Provisions of the Agreement in the established order invalid, the parties undertake to fulfill the undertaken obligations under the Agreement as close as possible to the Parties at the conclusion of implicit and / or change the agreed way of agreement. 11.3. This Agreement and the relationship between the Parties in connection with this Agreement and the use of social networks are regulated by the Russian legislation. 11.4. With regard to the form and method of execution of this Agreement shall apply provisions of the Civil Code of the Russian Federation ( "RF Civil Code"), governing the conditions and sign the agreement by the acceptance of the public offer. 11.5.Any For Dispute the Parties to the this Agreement Shall the BE is resolved through correspondence and negotiation Specifies with the mandatory the pre-by trial (of Claim) order. The Failure to their reach Agreement Between the Parties through negotiation Specifies Within sixty (60) calendar days of receipt by the other Party a written complaint, the dispute shall be submitted by any interested party in the court of general jurisdiction based on the location of the Licensor (with the exception of the jurisdiction of the case to any other ship) unless otherwise expressly provided by applicable law. 11.6.Of An integral part of the this Agreement is Located under each of the application on the this page the Applications in the List Social the Network. The Order of motions, complaints and Disputes related to placement of in a social network A applications developed by THIRD, Parties. With In Accordance with the the above order, all appeals, statements, offers, and other claims related to the Annex, the Licensee shall send directly to the developers of these applications, using the contact details found on the page corresponding applications in the social network. 11.7. For Questions related to the execution of the Agreement, please contact Licensor location The: Russian Federation,, 125167 Moscow, Leningrad Prospect, 39, building 79 .. Revision of the "5" in September 2016 [Regulations facenama] "Join on Facebook posing means approved rules and steps according to the rules will be more stable and provide better service site. "Enter your email correctly applying www. At the beginning of their email to avoid. The site policy is that in the near future, according to user input just by entering the PIN code is sent to the user's email is possible. »Post merely" expresses the opinion of its author and the site reflect the opinion or thought on this site is not dominant. Obviously, Facebook posing for user posts on this site have no responsibility. But if you receive will decide Reporting. "Unlike the civil law and contrary to certain international and domestic official misconduct counts. "Users should be careful in choosing your profile picture and share photos with improper and contrary to the laws of the Islamic Republic of Iran to refrain. "Members are obliged to notices sent by" Site hint system "and send a message regarding notification message to the public on laws and deal with the offending user will be serious "Members shall refrain from making any controversy on and if users decide such cases will be taken seriously. "Each user can manage on multiple groups and activities. As well as senior management can not compare to his managers in activities other groups have alleged. "Being any content related to pornography, nudity, obscenity and homosexuality is considered a violation. "Using the software to send spam to improve Statistics posts by user or group and the user will be blocked. "Copying the contents of users Site is against the rules and the proof of having it treated with the user. "The use of the name of the manager - webmaster - please Facebook Facade - Police facade Facebook - Facebook Support the facade and so these names in English or in Farsi and what is contrary to the user to be dealt with. "All activities associated with the spread of viruses, malware or any other malicious program is considered to be a violation. "Jdda not spam submissions. "Facebook reserves the right to view any time for your users send e-mail. "Any assembly, meeting (appointment of a group) by users of the social network outside of the virtual space is forbidden and if these violations, trespassing at the disposal of the judicial authorities is all Profile "On the other social acceptance network administrators with the aim of stimulating unable to walk users and their users will be blocked forever. "Asked friends and acquaintances for virtual and real space users and the site has been against the rules for User Report by the Director collision takes place. "Any number of fixed and mobile publishing and Messenger ID and any kind of abuse is on the site for Dating is forbidden and is done with the user decide. "Blocked users just through our contact form or by entering your email and if other users in the network are able to handle the protest action to block other account managers that can block forever. "Duplicate post to raise the number of posts to your profile or number of posts in his group refused. In case your account will be blocked. "SQL code in the group refuse to stretch and pop-ups. "The Propaganda Department not in the other groups and non-compliance if it is blocked and the user account will be deleted. "Facebook users are required under the laws of facade and computer crime laws relating to its activities and notify administrators of any write laws. "SQL mobile number or landline number instead of username or username to avoid. "Advertising on the site by people who are registered to spam will not be approved and no money will be returned. "See here to read the rules and computer crime: http://facenama.com/iranlaw "Do not put the Iframe or code separated Pop up otherwise you will be blocked. "Be careful in putting your profile picture and share photos Do not unlawful. "In the event of a problem in Server Files and Attachments ability to delete photos there and because of the large volume of backup files, there is no possibility of posing So Facebook has no responsibility in this regard. You can upload your files on other sites. "The User agrees to select the appropriate user name and password of their maintenance. "Users are blocked if special user features faceted shopping site have not returned them. "If a site walk in to hit the delete group chief executive of the group and his agents will also be blocked. "In terms of Facebook is facing having age above 13 years. "Each user only has the right to choose a user name. If you see profiles of all users who have more than one profile will be deleted. "Any misuse of user information, photos, profile information is strictly prohibited. "Be careful in choosing your username. User name is inappropriate if the user is blocking. "Any" unlawful publication and insert content and images "has been banned and blocked IP and username trespassing and violators will be prosecuted. "Irritate users, advertisers and invited to Satanism, prostitution, drug addiction, suicide, sexual abuse, participation in illegal protests and gatherings are prohibited and judicial request seeking individuals will be given to them. "Any provocation users in a way that would be contrary detect and manage site user on the site will be limited. »Advertising and invitation to other social networks or chat rooms or forums for dialogue and site monetization is prohibited. "Insert and publishing false material, the use of vulgar words, lies and disrespect for the user, religion, beliefs and convictions, individuals, organizations and agencies, organizations and authorities must create laws and opposition political groups and related posts avoid system. "Any promotions on the site for promotions is forbidden and must be coordinated with the administrator. "Presented by published in the blocked sites is not allowed. »Advertising religions other than Islam is prohibited. "Sending content to promote Satanism and Satanists fear. "Any write and release malicious code and viruses via Facebook facade is prohibited. "Publication of any proxy, VPN, and proxy is against the rules. "Any insulting authorities or the Islamic Republic of Iran is banned and the user decide to be serious. "Ridiculing ethnic groups are prohibited and all obligation to their fellow citizens with respect Bzarnd every ethnicity and refrain from sending humor about them. "We have the right to any user who walk in to hit the site or create tension with their agents and if necessary to block it all us to remove. "Delete users on Facebook view the complete removal of not only the disabled user account and hide user profiles to others. To delete the user account, be through the contact form bottom of the site with the management of the site to be coordinated. "We have to give their permission: - Where necessary, we changed its rules so that follow-up is recommended changing the rules. Software License Agreement THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDER(S), THE XQUARTZ PROJECT, OR APPLE INC. BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. The software contained in this package are licensed under multiple licenses. It is not feasible to include all of the licenses here in a precise manner. For clarification on licensing issues, please contact the OS X X11 Users mailing list (http://www.xquartz.org/Mailing-Lists.html). What comes below is an attempt to give a brief overview of some of the relevant licenses. libXplugin is not open source. It is licensed to you under the same conditions as any Apple Software Update (although lacking any warranty, since this is *NOT* an official Apple release). All other software installed is made available under an OSI approved license (see http://www.opensource.org/licenses/alphabetical) including, but not necessarily limited to the following licenses: MIT, BSD, APSL-2, GPL-2, and LGPL-2. Online-Convert.com Terms and conditions These are the general terms and conditions of QaamGo Media GmbH, Hohenstaufenring 62, 50674 Köln, Germany hereinafter referred to as “Provider”. Please note, these Terms and Conditions were issued first in the German language, the following are a translation from German into English. Preamble The Provider provides an infrastructure on online-convert.com, which should facilitate the User to transfer electronic files from one format into another using file converter programs as well as to store those files on Internet servers. § 1 General and Application (1) Following Terms and Conditions apply to every business relation between the Provider and the User as Customer. (2) Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession. An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession. Customers for the purposes of such terms and conditions are consumers as well as Entrepreneurs. (3) Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed. § 2 Service description and prices (1) The Provider provides an infrastructure on online-convert.com, which should facilitate the Customer to transfer electronic files from one format to another using file converter programs as well as to store those files on Internet servers. The Provider performs for its Customer through the website online-convert.com extensive technical server services, hosting services and conversion services. In this way, downloading and uploading of files in various formats are allowed through the server of the Provider. It allows to convert files from one file format to another using Software as a Service (SaaS) mechanisms. The download includes the downloading of files for the permanent storage on a data carrier. This includes the possibility to download already converted files, as above mentioned, from other serves for further conversion. The upload includes the providing of files of the Customer in order to storage them on the server of the Provider for the purpose of retrieving them by the Customer. In general the services provide a user the ability to transform a file (a "User File") from its original file format to a user-selected file format. The services operate by storing the uploaded or downloaded User File on a server, converting it into a new file format ("Converted File") and then providing the user a unique, non guessable download link to the Converted File. (2) To provide its services, the Provider provides the Consumer with a free certain basic service on the website. Customers can also access to a chargeable premium account with advanced features and services. This also includes a so-called API service, which is however only available for Entrepreneurs. In this regard, the specific terms of use for API-Services shall additionally apply according to section (4). The services provide the following types of service levels: "Free", "24h", "Silver", "Gold" and "Platinum". The Customer acknowledges and agrees that the Provider may establish general practices and policies concerning the use of the services, including, without limitation, the maximum number of files that a Customer may upload through the services, the maximum size of the files that a Customer may convert through the services, the maximum number of hours or days that a file will be stored by the services, and the maximum number of times a user may access the services in a given period of time. (3) The Provider provides memory space to the Customer within the framework of its operational and technical possibilities and depending on the use of its services, in order to save files created by the Customer through uploading or by transferring a download link. For this purpose, the Customer grants the Provider a right of use of the file, unlimited by time or space. The Provider reserves the right to delete files or refuse uploads or file downloads provided that there is not enough storage capacity. The Provider reserves the right to change or discontinue any of the services at any time. While the Provider tries to ensure that the services are error free, he cannot guarantee that user files or converted files will not be deleted or lost. The Customer acknowledges and agrees that the Provider will not be responsible for any failure of the services to convert a user file or store a user file or converted file. The Customer acknowledges and agrees that the Provider will not be responsible for the deletion of a user file or converted file stored or processed during the provision of the services, or for the corruption of or loss of any data, information or content contained in a user file or converted file. (4) Specific scope of services depends on the corresponding description of the services offered by the Provider, which are an essential part of these terms and conditions. The stated current prices shall apply. The stated prices shall be binding. All prices include the statutory value added tax. (5) The Customer has a right to compensation, provided that its counterclaims have been judicially determined, recognized or undisputed by the Provider. The Customer may exercise a right of retention only if its counterclaim is based on the same contractual relationship. § 3 Customer identification (1) The services free of charge can be used without any registration. Only registered Customers have access to the chargeable services of the Provider. As part of the registration process, the Customer shall select a user name (email address) and a password. By completely filling the registration form and accepting these general terms and conditions, the Customer makes a binding offer to conclude a contract to use the offered and ordered services. Provided that the services of the Provider are subject to a charge, the Customer shall – if necessary – truly and completely specify its bank and/or its credit card details as well as any changes to its data without delay. The Customer will receive an email after registration that will request the confirmation of the registration. As soon as the Customer confirms the registration, the process is completed. (2) In case that the Customer is aware of any misuse of its access data to the services of the Provider, he shall immediately inform the Provider. The Provider is entitled to block the access to the used services in case of misuse. The suspension of the block will be possible by written request of the Customer. § 4 Specific terms of use for API-Services Following terms shall apply exclusively in regard with the use by the Customer of API-Services. (1) API means “Application Programming Interface”, which is a source code based specification intended to be used as an interface by software components to communicate with each other. An API may include specifications for routines, data structures, object classes, and variables. With the API Customers can convert files regularly, outsource the conversion process to the Providers server farm to speed up conversion time and integrate a conversion service on the Customer’s website. (2) For getting started the Customer needs to register and has to obtain its personal API key. After the registration (section 3 Customer identification), the Customer has to extract the API key from the confirmation email sent by the Provider. For more details see “How to use our API to convert media files directly” http://api.online-convert.com/ § 5 Terms and termination The use of the services of the Provider is not bound to a specific period of time. The chargeable services of the Provider are subject to a certain contract period that arises from the description of the services offered by the Provider, which are an essential part of these general terms and conditions. The right of the parties for extraordinary termination of the contract as well as the right to terminate the recurring obligations for important reasons remain unaffected. An important reason exists provided that in consideration of all circumstances in the specific case and weighing up the interests of both parties, the terminating part may not be reasonably expected to continue the contractual relationship until the end of the agreed contractual period or until the expiration of the notice period. In this respect, the Provider has the right for extraordinary termination especially if the Customer violates section 7 (2) of these general terms and conditions. § 6 Right of withdrawal for EU-Consumers - Withdrawal instructions for EU-consumers - You have the right to revоke your contractual statement without giving reasons in written form (e.g., letter, fax, e-mail) within 14 days. The cancellation period begins at the earliest on receipt of these instructions in written form, however, not before concluding the contract not either before performing our duty to inform according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBBG (Introductory Act to the German Civil Code) as well as our duties according to § 312g paragraph 1 sentence 1 BGB (German Civil Code) in connection with article 246 § 3 EGBGB (Introductory Act to the German Civil Code). The revocation period shall be deemed by sending the revocation in due time. Declaration of revocation shall be sent to: QaamGo Media GmbH Hohenstaufenring 62 50674 Köln Germany Email: time2talk@online-convert.com Fax: + 49 7732 9391657 Consequences of the revocation In case of a valid revocation, both parties shall return the achievement or benefits (e.g. interests) received. Should not be any possibility to return the benefits received, not completely either partly or just in degraded conditions, a compensation shall be paid. This may mean that you must meet the contractual payment obligations for the period up to the revocation. Payments shall be refunded within 30 days. The period begins for you at dispatch of the notice of revocation, and for us with its receipt. Particular information Your right of withdrawal will expire before maturity, if, due to your explicit approval, the contract is completely fulfilled by both parties before you have used your right to withdrawal. - End of withdrawal instructions for consumers - § 7 General duties of the Customer (1) The Customer is responsible for the availability of the technical requirements to use the benefits of the Provider, particularly with regard to the used hardware and software, the Internet connection and the compatibility with the usual browser software. The Customer is also obliged to secure its computer system, particularly to carry out a data backup regularly and to install up-to-date antivirus software. The Provider is not liable for virus damages, which could have been prevented by using the corresponding software. (2) The Customer shall attend the effective laws of the Federal Republic of Germany as well as the present conditions when using the services provided by the Provider. He particularly shall: a) provide, as part of the application, true and complete information regarding its person and, if necessary, regarding its authorized representative. Particularly, its true first and last name as well as its current address and – if necessary in order to use the services of the Provider – true and complete details of the planned means of payment (such as bank details). Should this information be untruthful and should the collection of the fees not be possible or a return back debit effected by the bank for this reason or for any other reason in the responsibility of the Customer, then the Customer shall bear all associate expenditure as responsible part; b) not use the services of the Provider to view or spread neither immoral or illegal statements nor pornographic and right-wing or violent contents; c) attend to the effective law of the Federal Republic of Germany, particularly the regulations regarding data and youth protection as well as criminal ordinances; d) not violate rights of third parties, particularly copyright and ancillary copyright, trademark, patent and other prоperty and personal rights. Particularly with regard to the use of copyrighted works, the Customer is responsible for obtaining the relevant rights concerning that use. In particular, he should obtain the necessary rights from the GEMA (German Society for Musical Performing Rights and Mechanical Reproduction Rights) or other right collecting societies as trustees for the administration of these rights. (3) As far as memory or storage capacity (central memory and fixed-disk storage) an is provided to the Customer, he is not allowed to store any illegal, or infringing comments against the law or official regulations or against the rights of third parties. Following contents may neither be written nor offered: a) Offers, which application, supply or distribution infringes industrial property rights (such as trademark, patents, utility models and design rights), copyright and ancillary copyright and other rights (such as right to the own image, name and personal rights); the offer of plagiarism is not permitted; b) pornographic and harmful offers; c) propaganda articles and products from any unconstitutional organization: d) weapons as defined on the Weapon Act, particularly firearms, cutting and stabbing weapons of any kind as well as ammunition of any sort; e) protected live animals, products and preparations of protected animals as well as protected plants and their preparations; f) bonds – especially shares – credits, loans and financial aim; money market and financial instruments, excluded from historical bonds that are not in circulation anymore; g) debt obligations and court titles as well as other claims arising from collection legal transactions; h) vouchers, which are available free of charge for everyone; i) goods whose possession is lawful, but their use in the country of delivery is prohibited; j) human organs; k) goods for a lower price as the statutory fixed price, insofar as the fixed price is not charged and there is no exemption; l) land and land rights. (4) The Customer is the sole responsible for the contents and for the accuracy of the transferred data. (5) The Customer is not allowed to convert files automatically using a scripting language. The sole exception is by using our API service. (6) The Customer is not allowed to share his account and login data. § 8 Blocking of access (1) The Provider reserves the right to revoke the right to access to its services or to reject the registration of a Customer who misuses the services of the Provider or violates these general terms and conditions. The Customer will be immediately notified per email about this revocation of the right to access or rejection of the registration. (2) If the Customer fails to meet its obligations under these general terms and conditions; violations, for which the Customer is responsible, the Provider is entitled, subject to any further claims, to temporally fully or partially block the access to its services. Thereof, the Customer will be immediately notified per email. § 9 Infringing content policy (1) Every user of the website has the possibility to report any violation of its intellectual property rights caused by any content on online-convert.com. For this purpose, the Provider requires detailed information. This information should content the following: a) A statement that contents at online-convert.com infringe intellectual property rights of the user or of third parties who authorised the user to act on their behalf; b) An identification of the copyright claimed to have been infringed, indicating a link to the relevant content; c) Full name, address, telephone number and email address of the user; d) A statement, that the user is either the copyright owner or a person authorised to act on their behalf; e) A statement that the user believes in good faith that the use of the content in the manner complained has not been allowed neither by the intellectual property rights owner nor by any other for this purpose authorised person. (2) If desired that the complaint should be considered pursuant to the U.S. Digital Millennium Copyright Act section 17 paragraph 512(c), those requested in section 9 (1) shall be stated under penalty of perjury. Furthermore, an electronic or physical signature is also necessary under the above required information. § 10 Payment terms (1) Customers who use chargeable services of the Provider may pay in advance pre-cash / bank transfer, by credit card or via PayPal. The Provider reserves the right to exclude certain terms of payment. To realise the payment via PayPal, the Customer has to register under paypal.com. The terms and conditions of paypal.com shall apply [http://www.paypal.com/de/cgi-bin/webscr?cmd=p/gen/ua/ua-outside]. The provision of services shall be only happen as soon as the invoiced amount is credited to the PayPal account of the Provider. The exact payment method depends on the corresponding description of the services offered, which are an essential part of these general terms and conditions. (2) Unless the parties agreed otherwise, the Customer undertakes to pay the whole price within fourteen days when the contract dates are received by e-mail. The Customer comes to default after expiration of the deadline. During the default, the Consumer has to pay interest at a rate of at least 5 points above the prime rate. During the default, the Entrepreneur has to pay interest at a rate of least 8 points above the prime rate. Compared with the Entrepreneur, the Provider reserves himself to apply higher damage caused by delay. (3) Unless stated otherwise in the description of the services, the begin of the availability of the Service by the Provider will happen as soon as the complete invoice amount is credited to its account. § 11 Exemption The Customer disclaims the Provider and its employees of all claims, which other customers or third parties might have against the Provider because of violation of their rights through the data posted by the Customer on the website online-convert.com or through provided files from the Customer on the server of the Provider. This includes the costs of reasonable litigations and related expenses. For this purpose, the Customer shall provide an adequate deposit based on the corresponding legal fees. This does not apply if the Customer is not responsible for the infringement. § 12 Warranty (1) For the offered services, the Provider guarantees average server availability of a monthly average 98 % or an annual average of 99 % provided that the Provider does not act deliberately or grossly negligently. Excluded from this are times, in which the server is not available due to technical or other problems which are beyond the control of the Provider (including force majeure or negligence of a third party). (2) Defects on services of the Provider will be corrected when possible according to the error description made by the Customer. This does not apply if the Customer is responsible for the malfunction. Further rights of the Customer are not affected. (3) The contents posted by the Customer on online-convert.com or using the server of the Provider are external contents for the Provider as defined in § 7 paragraph 2 German Telemedia Act (TMG). The Customer that posted the contents is the legal responsible. The Provider is not responsible for the descriptions, characteristics and legal validity of the Customer’s stored data. The Provider does not guarantee the accuracy or completeness of the information and statements given by the Customer either the identity or integrity of the Customer. § 13 Liability (1) The Provider assumes no liability for the no-break availability of the server as well as for system-dependent losses, interruptions and disturbances of the technical equipment that are not in the sphere of the Provider. Particularly, the Provider is not liable for disorders in the quality of the server operated by the Provider due to force majeure or events for which the Provider is not responsible. Among these are strikes, lockouts, legal company-internal labour dispute actions and official directives. This also includes the entire or partial failure of the communication and network structures necessary to own communication and network structures and gateways of other providers and operators. (2) With slightly negligent breaches of duty the liability limits on, depending on the kind of product, predictable, contractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Provider. The Provider is not liable for slightly negligent violation of inessential contractual obligations. However, the Provider is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Provider is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust. The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Provider is accusable of personal injury, impairment to health and death of the Customer. (3) The Provider is not liable for a loss of data and/or programs as far as such damage is a consequence of the Customer’s failure to make data backups and guarantee a restoration of the lost data at reasonable efforts. (4) The Provider is only liable for the own contents on its web page online-convert.com. As far as access to other web pages by means of links is possible, the Supplier is not responsible for the external content. The Provider does not embrace the external content. In case that the Provider is informed about illegal contents on external web pages, the Provider will remove the link provided that this is technically possible and reasonable to him. § 14 Rights of the Provider All copyrights, trademark rights or other intellectual property rights to the website online-convert.com, contents created by the Provider, data and other elements belong exclusively to the Provider. Possible rights of the Customer to the contents submitted by him or transmitted to the Provider remain unaffected. § 15 Privacy Policy (1) Customer data are collected, stored and processed by the Provider in compliance with currently effective norms relative to the protection of personal data for the fulfilment of the contract. (2) Personal data collected during the registration and performances of the services are treated in strict confidence. These data are collected, stored and processed when legally allowed or in case that the Customer consents herein. (3) The Provider is obligated to inform the Customer at any time upon request thoroughly and free of charge in regard to the stored data provided that it affects him. The Provider will neither pass on this data nor the contents of private messages of the Customer to third parties without its consent. However, this is not applicable if the Provider is legally obligated to disclosure such data to third parties, in particular governmental authorities or as far as internationally technical standards require doing so (4) The Provider points out to the Customer that personal data (user-related data) and other information concerning its use (connection data) (i.e. access passwords, up- and downloads), will be stored during the lifetime of the contract as far as it is required to fulfil the purpose of the contract, in particular for invoicing. (5) The Provider is entitled to pass anonymous user information to third parties for demographic purposes. These anonymous data may be used to generate statistics and quality assurance. § 16 Change of the general business regulations (1) The Provider reserves the right at any time to make changes of these general terms and conditions under adequate prior notice of at least two weeks. The announcement will be served through publication of the changed general terms and conditions on the Internet indicating the effective date on the website online-convert.com. (2) If the Customer does not disagree within two weeks after publication or if the Customer continues using the ordered services offered by the Provider after the expiration of the period, the changed terms of business are considered as accepted. In particular, the change announcement will be pointed out to the two weeks term. In case of objection, the contract remains with no changes in content and with the current terms and conditions. However, the Provider is entitled to terminate the contract. § 17 Applicable law and jurisdiction (1) This agreement shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied. (2) If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Provider’s business location has its seat, provided that an exclusive jurisdiction is not given. The same applies if the client has no general jurisdiction in Germany or residence or usual stay is not known at the time of the filing of the action. § 18 Final Clause If any provisions of these Terms and Conditions are found to be partially or totally invalid, the validity of the remaining provisions will not be affected. Version 1.3, 27. March 2012 APPLE INC. SOFTWARE LICENSE AGREEMENT FOR QUICKTIME IMPORTANT NOTICE TO QUICKTIME PRO USERS: INSTALLATION OF QUICKTIME 7 WILL DISABLE THE QUICKTIME PRO FUNCTIONALITY IN PRIOR VERSIONS OF QUICKTIME. IF YOU PROCEED WITH THIS INSTALLATION, YOU MUST PURCHASE A NEW QUICKTIME 7 PRO KEY TO REGAIN QUICKTIME PRO FUNCTIONALITY. AFTER INSTALLATION, VISIT www.apple.com/quicktime TO PURCHASE A QUICKTIME 7 PRO KEY. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, 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 SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor. 1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Apple Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's and its licensors' intellectual property rights in the Apple Software and do not include any other patents or intellectual property rights. You own the media on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the Apple Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Apple Software product, unless such upgrade contains a separate license. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs 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. This License does not grant you any rights to use such content. 2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the Apple Software on a single computer at a time. This License does not allow the Apple Software to exist on more than one computer at a time, and you may not make the Apple Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Apple Software 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. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part thereof. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 3. Transfer. You may not rent, lease, lend or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. Updates: If an Apple Software update completely replaces (full install) a previously licensed version of the Apple Software, you may not use both versions of the Apple Software at the same time nor may you transfer them separately. NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Apple Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred. Academic Copies: If the Apple Software package has an academic label or if you acquired the Apple Software at an academic discount, you must be an Eligible Educational End User to use the Apple Software. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools). 4. Consent to Use of Data. You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software. Apple may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. 5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically 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 Apple Software and destroy all copies, full or partial, of the Apple Software. 6. Limited Warranty on Media. Apple warrants the media on which the Apple Software is recorded and delivered by Apple to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Apple’s option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an Apple authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED "AS IS", 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 APPLE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE APPLE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE 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. QuickTime Player automatically produces search results that reference sites and information located worldwide throughout the Internet. Because Apple has no control over such sites and information, Apple makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether an Apple search completed through the QuickTime Player may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the QuickTime Player may automatically and unintentionally generate links or references to objectionable material. By using the QuickTime Player, you acknowledge that Apple makes no representations or warranties with regard to the appropriateness of the content viewed through the QuickTime Player, whether on a pre-installed channel button or as a result of your search. Apple does not guarantee the sequence, accuracy, completeness or timeliness of the content played through the QuickTime Player. Apple, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the QuickTime Player or for any inaccuracies, errors in or omissions from the content. 8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE, 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 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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction in which the Apple Software was obtained. In particular, but without limitation, the Apple 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 Apple 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 these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. 10. Government End Users. The Apple 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. §227.7202-1through 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. 11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. 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 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. 12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Apple Software licensed hereunder 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. 13. MPEG-2 Notice. To the extent that the Apple Software contains MPEG-2 functionality, the following provision applies: ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C, 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206. 14. Use of MPEG-4. This product 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. This product 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. 15. H.264/AVC Notice. To the extent that the Apple 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 THIS PRODUCT 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. AMR Notice. The Adaptive Multi-Rate ("AMR") encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network. EA0337 7/17/08 Microsoft Services Agreement IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15. IT AFFECTS HOW DISPUTES ARE RESOLVED. These terms (“Terms”) cover the use of those Microsoft’s consumer products, websites, and services listed here (the “Services”). Many of these products previously had separate terms that were called different names, such as “Xbox Live Terms of Use” or “Skype Terms of Use,” and these Terms replace those separate terms. You accept these Terms by creating a Microsoft account or Skype account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms. Your Privacy 1. Your Privacy. Your privacy is important to us. Please read the Microsoft Privacy Statement (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data") and how we use your Data. The Privacy Statement also describes how Microsoft uses your content, which is your communications with others; postings or feedback submitted by you to Microsoft via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store or share through the Services ("Your Content"). By using the Services or agreeing to these Terms, you consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. [Go to top of page] Your Content 2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it. a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display (and on HealthVault delete) Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Microsoft cannot be held responsible for Your Content or the material others upload, store or share using the Services. b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Microsoft products and services, you grant to Microsoft a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Controls for how Microsoft personalizes advertising are available on the Security & privacy page of the Microsoft account management website. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement. [Go to top of page] Top of page Code of Conduct 3. Code of Conduct. a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules: i. Don’t do anything illegal. ii. Don’t engage in any activity that exploits, harms, or threatens to harm children. iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages. iv. Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity). v. Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments). vi. Don’t circumvent any restrictions on access to or availability of the Services. vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others). viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs). ix. Don’t engage in activity that violates the privacy of others. x. Don’t help others break these rules. b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Microsoft account or Skype account. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so. c. Application to Xbox Services. Click here for more information about how this Code of Conduct applies to Xbox Live, Games for Windows Live and Microsoft Studios games, applications, services and content provided by Microsoft. [Go to top of page] Top of page Using the Services & Support 4. Using the Services & Support. a. Microsoft account or Skype account. You’ll need a Microsoft account to access many of the Services. Your Microsoft account lets you sign in to products, websites and services provided by Microsoft and some Microsoft partners. To access Skype on certain platforms, you have the option of using a Skype account or a Microsoft account. i. Creating an Account. You can create a Microsoft account or a Skype account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Microsoft account or Skype account. In some cases, a third party, like your Internet service provider, may have assigned a Microsoft account to you. If you received your Microsoft account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Microsoft account. Please review any additional terms the third party provided you, as Microsoft has no responsibility regarding these additional terms. If you create a Microsoft account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Microsoft account or Skype account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Microsoft account or Skype account. ii. Account Use. You must use your Microsoft account to keep it active. This means you must sign in at least once in a five-year period to keep your Microsoft account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your Microsoft account is inactive and will close it for you. Please see section 4(a)(iv)(2) for the consequences of a closed Microsoft account. You must sign into your Outlook.com inbox and your OneDrive (separately) at least once in a one-year period, otherwise we will close your Outlook.com inbox and your OneDrive for you. You must sign into the Xbox Services (defined in section 14(a)(i)) at least once in a five-year period to keep the gamertag associated with your Microsoft account. If we reasonably suspect that your Microsoft account or Skype account is being used by a third party fraudulently (for example, as a result of an account compromise), Microsoft may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your Microsoft account, please visit this website: http://go.microsoft.com/fwlink/?LinkId=238656. To manage your Skype account, you must "Sign In" at www.skype.com. iii. Kids and Accounts. By using the Services, you represent that you have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create a Microsoft account or Skype account. If you are the parent or legal guardian of a minor that creates a Microsoft account or Skype account, you accept these Terms on the minor’s behalf and are responsible for all use of the Microsoft account, Skype account, or Services, including purchases, whether the minor’s account is now open or created later. iv. Closing Your Account. 1. You can cancel specific Services or close your Microsoft account or Skype account at any time and for any reason. To close your Microsoft account, please visit http://go.microsoft.com/fwlink/p/?linkid=618278. When you ask us to close your Microsoft account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your Microsoft account will be closed. Please see section 4(a)(iv)(2) below for a detailed explanation as to what happens when your Microsoft account is closed. Logging back in during that 60-day period will reactivate your Microsoft account. To cancel your Skype account please submit a support request to http://go.microsoft.com/fwlink/p/?linkid=618280. 2. If your Services are canceled or your Microsoft account or Skype account is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Microsoft account or Skype account or will otherwise disassociate it from you and your Microsoft account or Skype account (unless we are required by law to keep it). You should have a regular backup plan as Microsoft won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to material or products you’ve acquired. b. Work or School Accounts. You can sign into certain Microsoft services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may control and administer your account, and access and process your data, including the contents of your communications and files. You further agree that your use of the services may be subject to the agreements that Microsoft has with you or your organization and these terms do not apply. If you use a work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your Microsoft account in order to continue accessing such Services. c. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you. d. Service Notifications. When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your Microsoft account or, for Skype notifications, your Skype account. If you gave us your phone number in connection with your Microsoft account or Skype account, then we may send Service notifications to you via SMS (text message), including to verify your identity before registering your mobile phone number. Data or messaging rates may apply when receiving notifications via SMS. e. Support. Customer support for the Services is available at http://support.microsoft.com. [Go to top of page] Top of page Using Third-Party Apps and Services 5. Using Third-Party Apps and Services. The Services may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who aren’t Microsoft) ("Third-Party Apps and Services"). Many of our Services also help you find Third-Party Apps and Services, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider, or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. See section 14(b) for additional terms for applications acquired through the Office Store, the Xbox Store or the Windows Store. You should review any additional terms and privacy policies before acquiring or using any Third-Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. Microsoft does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible for information provided by third parties. [Go to top of page] Top of page Service Availability 6. Service Availability. a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Microsoft account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region. b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Microsoft is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services. [Go to top of page] Top of page Updates to the Services or Software, and Changes to These Terms 7. Updates to the Services or Software, and Changes to These Terms. a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your Microsoft account and/or Skype account and, if you are a parent or guardian, help your minor child close his or her Microsoft account or Skype account. b. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Microsoft isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software. c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(k)), or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work. d. So that you can use material protected with digital rights management (DRM), like some music, games, movies and more, DRM software may automatically contact an online rights server and download and install DRM updates. [Go to top of page] Top of page Software License 8. Software License. Unless accompanied by a separate Microsoft license agreement (for example, if you are using a Microsoft application that is included with and a part of Windows, then the Microsoft Software License Terms for the Windows Operating System govern such software), and except as provided in section 14(b)(i) below for applications available through the Office Store, the Windows Store or the Xbox Store, any software provided by us to you as part of the Services is subject to these Terms. a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Microsoft. Notices, if any, for the third-party code are included for your information only. b. The software is licensed, not sold, and Microsoft reserves all rights to the software not expressly granted by Microsoft, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not: i. circumvent or bypass any technological protection measures in or relating to the software or Services; ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so; iii. separate components of the software or Services for use on different devices; iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Microsoft expressly authorizes you to do so; v. transfer the software, any software licenses, or any rights to access or use the Services; vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network; vii. enable access to the Services or modify any Microsoft-authorized device (e.g., Xbox One, Xbox 360, Microsoft Surface, etc.) by unauthorized third-party applications. [Go to top of page] Top of page Payment Terms 9. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them. a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The price for Skype paid products includes a charge for the product and a charge for taxes. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Microsoft or Skype account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location. b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the Microsoft account management website and for your Skype billing account by signing into your account at www.skype.com. Additionally, you agree to permit Microsoft to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account. c. Billing. By providing Microsoft with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Microsoft to charge you for the Services or available content using your payment method; and (iii) authorize Microsoft to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Microsoft by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by Microsoft. By authorizing recurring payments, you are authorizing Microsoft to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment. e. Automatic Renewal. Provided that automatic renewals are allowed in your state, you may choose for Services to automatically renew at the end of a fixed service period. We will remind you by email before any Services renew for a new term, and notify you of any price changes in accordance with section 9(k). Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal. f. Online Statement and Errors. Microsoft will provide you with an online billing statement on the Microsoft account management website, where you can view and print your statement. For Skype accounts you can access your online statement by signing into your account at www.skype.com. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Microsoft has identified a billing error, we will correct that error within 90 days. g. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Microsoft has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic. h. Canceling the Services. You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit the Microsoft account management website. You can request a refund from Skype using the Cancellation and Refund form. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled. i. Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s). j. Promotional Offers. From time to time, Microsoft may offer Services for a trial period during which Microsoft will not charge you for the Services. Microsoft reserves the right to charge you for such Services (at the normal rate) in the event that Microsoft determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer. k. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term. l. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment. m. Gift Cards. Redemption and use of gift cards (other than Skype gift cards) are governed by the Microsoft Gift Card Terms and Conditions. Information on Skype gift cards is available on Skype’s Help page. [Go to top of page] Top of page Contracting Entity, Choice of Law, Jurisdiction 10. Contracting Entity. For use of free, consumer Skype-branded Services, you're contracting with, and all references to "Microsoft" in these Terms mean, Skype Software S.à.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg, and for paid, consumer Skype-branded Services, you’re contracting with, and all references to "Microsoft" in these Terms mean, Skype Communications S.à.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg. For all other Services, you're contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. 11. Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court). [Go to top of page] Top of page Warranties 12. Warranties. MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. [Go to top of page] Top of page Limitation of Liability 13. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services. [Go to top of page] Top of page Service-Specific Terms 14. Service-Specific Terms. The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. [Go to top of page] Top of page Xbox Live and Microsoft Studios Games and Applications a. Xbox Live and Microsoft Studios Games and Applications. i. Personal Noncommercial Use. Xbox Live, Games for Windows Live and Microsoft Studios games, applications, services and content provided by Microsoft (collectively, the "Xbox Services") are only for your personal and noncommercial use. ii. Sharing Limited Account Information. As part of delivering the Xbox Services, we make information pertaining to your gamertag, gameplay, Your Content that you make public, and activity on and usage of any Xbox Service available for the operation and delivery of (a) other Xbox Services and (b) third-party games that use Xbox Services. If you choose to link your Microsoft Xbox Services account with your account on a non-Microsoft service (for example, a non-Microsoft game publisher of Third-Party Apps and Services), you agree that: (a) Microsoft may share limited account information (including without limitation gamertag, gamerscore, game score, game history, and friends list), with that non-Microsoft party as stated in the Microsoft Privacy Statement, and (b) if allowed by your Xbox privacy settings, the non-Microsoft party may also have access to Your Content from in-game communications when you are signed into your account with that non-Microsoft party. Also, if allowed by your Xbox privacy settings, Microsoft can publish your name, gamertag, gamerpic, motto, avatar, and games that you’ve played in communications to people on your Xbox friends list. iii. Your Content. As part of building the Xbox Services community, you grant to Microsoft, its affiliates and sublicensees a free and worldwide right to use, modify, reproduce, distribute, and display Your Content or your name, gamertag, motto, or avatar that you posted for any Xbox Services. iv. Game Managers. Some games may use game managers and hosts. Game managers and hosts are not authorized Microsoft spokespersons. Their views do not necessarily reflect those of Microsoft. v. Kids on Xbox. If you are a minor using Xbox Live, your parent or guardian may have control over many aspects of your account and may receive reports about your use of Xbox Live. vi. Game Currency or Virtual Goods. The Services may include a virtual, game currency (like gold, coins or points) that may be purchased from Microsoft using actual monetary instruments if you have reached the age of "majority" where you live. The Services may also include virtual, digital items or goods that may be purchased from Microsoft using actual monetary instruments or using game currency. Game currency and virtual goods may never be redeemed for actual monetary instruments, goods or other items of monetary value from Microsoft or any other party. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the game currency and virtual goods in the Services only, you have no right or title in or to any such game currency or virtual goods appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. Microsoft may at any time regulate, control, modify and/or eliminate the game currency and/or virtual goods as it sees fit in its sole discretion. vii. Software Updates. For any device that can connect to Xbox Services, we may automatically check your version of Xbox console software or the Xbox App software and download Xbox console or Xbox App software updates or configuration changes, including those that prevent you from accessing the Xbox Services, using unauthorized Xbox games or Xbox apps, or using unauthorized hardware peripheral devices with an Xbox console. viii. Gamertag Expiration. You must sign into Xbox Services at least once in a five-year period, otherwise you may lose access to the gamertag associated with your account and that gamertag may become available for use by others. [Go to top of page] Top of page Store b. Store. "Store" refers to a Service that allows you to browse, download, purchase, and rate and review applications (the term "application" includes games) and other digital content. These Terms cover use of Office Store, Xbox Store and Windows Store. "Office Store" means a Store for Office products and apps for Office, SharePoint, Exchange, Access and Project (2013 versions or later). "Windows Store" means a Store for Windows devices such as phone, PC and tablet, or any other experience that is branded Windows Store. "Xbox Store" means a Store for Xbox ONE and Xbox 360 consoles, or any other experience that is branded Xbox Store. i. License Terms. We will identify the publisher of each application available in the relevant Store. The Standard Application License Terms ("SALT") at the end of these Terms are an agreement between you and the application publisher setting forth the license terms that apply to your use of an application you download through the Windows Store or the Xbox Store, unless different license terms are provided with the application. Section 5 of these Terms applies to any Third-Party Apps and Services acquired through a Store. Applications downloaded through the Office Store are not governed by the SALT and have separate license terms that apply. ii. Updates. Microsoft will automatically check for and download updates to your applications, even if you’re not signed into the relevant Store. You can change your Store or system settings if you prefer not to receive automatic updates to Store applications. However, certain Office Store applications that are entirely or partly hosted online may be updated at any time by the application developer and may not require your permission to update. iii. Ratings and Reviews. If you rate or review an application in the Store, you may receive email from Microsoft containing content from the publisher of the application. Any such email comes from Microsoft; we do not share your email address with publishers of applications you acquire through the Store. iv. Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms. [Go to top of page] Top of page Microsoft Family Features c. Microsoft Family Features. Parents and kids can use Microsoft family features to build trust based on a shared understanding of what behaviors, websites, apps, games, physical locations, and spending is right in their family. Parents can create a family by going to https://account.microsoft.com/family (or by following the instructions on their Windows device or Xbox console) and inviting kids or other parents to join. There are many features available to family members, so please carefully review the information provided when you agree to create or join a family. By creating or joining a family, you represent that you will use the family in accordance with its purpose and won’t use it in an unauthorized way to unlawfully gain access to another person’s information. [Go to top of page] Top of page Group Messaging d. Group Messaging. Various Microsoft services allow you to send messages to others via voice or SMS ("messages"), and/or allow Microsoft and Microsoft-controlled affiliates to send such messages to you and one or more other users on your behalf. WHEN YOU INSTRUCT MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATES TO SEND SUCH MESSAGES TO YOU OR TO OTHERS, YOU REPRESENT AND WARRANT TO US THAT YOU AND EACH PERSON YOU HAVE INSTRUCTED US TO MESSAGE CONSENT TO RECEIVE SUCH MESSAGES AND ANY OTHER RELATED ADMINISTRATIVE TEXT MESSAGES FROM MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATES. "Administrative text messages" are periodic transactional messages from a particular Microsoft service, including but not limited to a "welcome message" or instructions on how to stop receiving messages. You or group members no longer wishing to receive such messages can opt-out of receiving further messages from Microsoft or Microsoft-controlled affiliates at any time by following the instructions provided. If you no longer wish to receive such messages or participate in the group, you agree that you will opt out through the instructions provided by the applicable program or service. If you have reason to believe that a group member no longer wishes to receive such messages or participate in the group, you agree to remove them from the group. You also represent and warrant to us that you and each person you have instructed us to message understands that each group member is responsible for the costs of any message charges assessed by his or her mobile carrier, including any international message charges that may apply when messages are transmitted from US-based numbers. [Go to top of page] Top of page Skype and GroupMe e. Skype and GroupMe. i. No Access to Emergency Services. There are important differences between traditional telephone services and Skype. Skype is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations, or law. Skype’s software and products are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points ("Emergency Services"). You acknowledge and agree that: (i) it is your responsibility to purchase traditional wireless (mobile) or fixed-line telephone services that offer access to Emergency Services, and (ii) Skype is not a replacement for your primary telephone service. ii. APIs or Broadcasting. If you want to use Skype in connection with any broadcast, you must comply with the "Broadcast TOS" at http://www.skype.com/legal/broadcast. If you want to use any application program interface ("API") exposed or made available by Skype you must comply with the applicable licensing terms, which are available at www.skype.com/go/legal. iii. Fair Use Policies. Fair usage policies may apply to your use of Skype. Please review these policies which are designed to protect against fraud and abuse and may place limits on the type, duration or volume of calls or messages that you are able to make. These policies are incorporated in these Terms by reference. You can find these policies at: http://www.skype.com/en/legal/fair-usage/ iv. Mapping. Skype contains features that allow you to submit information to, or plot yourself on a map using, a mapping service. By using those features, you agree to these Terms and the Google Maps terms available at http://www.google.com/intl/en_ALL/help/terms_maps.html. v. Government Users. If you wish to use a business account and/or Skype Manager on behalf of the U.S. Government or an agency of the U.S. Government, these Terms do not apply to that use. For applicable terms and/or further information, please contact usgovusers@skype.net. vi. Personal/Noncommercial Use. The use of Skype is for your personal and noncommercial use. You are permitted to use your personal Skype account at work for your own business communications. vii. Skype Number/Skype To Go. If Skype provides you with a Skype Number or Skype To Go number, you agree that you do not own the number or have a right to retain that number forever. viii. Skype Manager. A "Skype Manager Admin Account" is a Skype account that is created and managed by you, acting as an individual administrator of a Skype Manager group and not as a business entity. Personal Skype accounts can be linked to a Skype Manager group ("Linked Account"). You may appoint additional administrators to your Skype Manager group subject to their acceptance of these Terms. If you allocate Skype Numbers to a Linked Account, you are responsible for compliance with any requirements related to the residency or location of your Linked Account users. If you choose to unlink a Linked Account from a Skype Manager group, any allocated subscriptions, Skype Credit or Skype Numbers will not be retrievable and Your Content or material associated with the unlinked Skype account will no longer be accessible by you. You agree to process any personal information of your Linked Account users in accordance with all applicable data protection laws. ix. Skype Charges. Skype paid products are sold to you by Skype Communications S.à.r.l, however the seller-of-record accountable for taxes is Skype Communications US Corporation. Taxes means the amount of taxes, regulatory fees, surcharges or other fees that we are required to collect from you and must pay to any United States (federal, state or local) or foreign government, agency, commission or quasi-governmental body as a result of our provision of Skype paid products to you. These taxes are listed at www.skype.com/go/ustax. All prices for Skype paid products are inclusive of a charge for your product and a charge for taxes, unless otherwise stated. The charges payable for calling phones outside of a subscription consist of a connection fee (charged once per call) and a per-minute rate as set out at www.skype.com/go/allrates. Call charges will be deducted from your Skype Credit balance. Skype may change its calling rates at any time without notice to you by posting such change at www.skype.com/go/allrates. The new rate will apply to your next call after publication of the new rates. Please check the latest rates before you make your call. Fractional call minutes and fractional cent charges will be rounded up to the next whole unit. x. Skype Credit. Skype does not guarantee that you will be able to use your Skype Credit balance to purchase all Skype paid products. If you do not use your Skype Credit for a period of 180 days, Skype will place your Skype Credit on inactive status. You can reactivate the Skype Credit by following the reactivation link at http://www.skype.com/go/store.reactivate.credit. You can enable the Auto Recharge feature when you buy Skype Credit by ticking the appropriate box. If enabled, your Skype Credit balance will be recharged with the same amount and by your chosen payment method every time your Skype account balance goes below the threshold set by Skype from time to time. If you purchased a subscription with a payment method other than credit card, PayPal or Moneybookers (Skrill), and you have enabled Auto-Recharge, your Skype Credit balance will be recharged with the amount necessary to purchase your next recurring subscription. You can disable Auto-Recharge at any time by accessing and changing your settings in your Skype account. xi. International Message Fees. GroupMe currently uses US-based numbers for each group created. Every text message sent to or received from a GroupMe number will count as an international text message sent to or received from the United States. Please check with your provider for the associated international rates. [Go to top of page] Top of page Bing and MSN f. Bing and MSN. i. Bing and MSN Materials. The articles, text, photos, maps, videos, video players, and third-party material available on Bing and MSN are for your noncommercial, personal use only. Other uses, including downloading, copying, or redistributing these materials, are permitted only to the extent specifically authorized by Microsoft or rights holders, or allowed by applicable copyright law. Microsoft or other rights holders reserve all rights to the material not expressly granted by Microsoft under the license terms, whether by implication, estoppel, or otherwise. ii. Bing Maps. You may not use Bird’s eye imagery of the United States, Canada, Mexico, New Zealand, Australia or Japan for governmental use without our separate written approval. iii. Rewards. Rewards (the "Program") enables you to earn redeemable points for your qualified searches, acquisitions, and other offers from Microsoft. A search is the act of an individual user manually entering text for the good faith purpose of obtaining Bing search results for such user’s own research purposes and does not include any query entered by a bot, macro, or other automated or fraudulent means of any kind ("Search"). An acquisition is the process of purchasing goods or downloading and acquiring a license for digital content from Microsoft, whether free or paid ("Acquisition"). Microsoft in its sole discretion determines what constitutes a Search or Acquisition that qualifies for points. Your earned points can be redeemed for items ("Rewards") in the redemption center. For more information see the Frequently Asked Questions ("FAQ"). 1. Program Requirements. You need a valid Microsoft account and your devices must meet the minimum system requirements. The Program is open to users who reside in the markets listed in the FAQ. Individuals can have no more than one Program account, even if an individual has multiple email addresses, and households are limited to six accounts. The Program is solely for your personal and noncommercial use. 2. Points. Except for donating your points to a nonprofit organization listed in the redemption center, you cannot transfer points. Points are not your personal property, and you may not obtain any cash or money in exchange for them. Points are awarded to you on a promotional basis. You cannot purchase points. Microsoft may limit the quantity of points or Rewards per person, per household, or over a set period (e.g., a day). You may redeem no more than 550,000 points per calendar year in the Program. Points earned in the Program are not valid in, and may not be used in combination with, any other program offered by Microsoft or third parties. Unredeemed points expire if you do not earn or redeem any points for 90 days. 3. Rewards. You may redeem your points by visiting the redemption center or you may contribute points to a listed nonprofit organization. There may be a limited number of a particular Reward available, and those Rewards will be delivered on a first-come, first-served basis. You may be required to provide additional information, like your mailing address and a telephone number (other than a VOIP or toll-free number), and you may also be asked to enter a fraud-prevention code or sign additional legal documents to redeem points for Rewards. Once you order a Reward, you cannot cancel it or return it for a refund of points. If you order a Reward that is out of stock or unavailable for other reasons Microsoft determines in its sole discretion, we may substitute a Reward of comparable value or refund your points. Microsoft may update the Rewards offered in the redemption center or discontinue to offer specific Rewards. Some Rewards may have age eligibility requirements. You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward. Rewards will be emailed to the email address you provide when ordering your Reward, so keep your email address up to date. Rewards that are undeliverable will not be reissued and are therefore forfeited. Rewards are not for resale. 4. Cancelling Your Participation in the Program. Your Program account will be cancelled if you do not log in at least once in a 180-day period. Additionally, Microsoft reserves the right to cancel the Program account of a specific user without cause and without providing a reason. Upon Program cancellation (by you or us) or if the Program is suspended, you will have 90 days to redeem your points; otherwise, those points will be forfeited. At the point of cancellation, your right to use the Program and accrue future points ends. 5. Other Conditions. Microsoft reserves the right to disqualify you; disable your access to the Program or your Rewards account; and/or withhold points, Rewards and charitable contributions, if Microsoft believes you are tampering with or abusing any aspect of the Program or may be engaging in activities that violate these Terms. iv. Bing Places. When you provide your Data or Your Content to Bing Places, you grant Microsoft a worldwide, royalty-free intellectual property license to use, reproduce, save, modify, aggregate, promote, transmit, display or distribute as part of a service, and sub-license those rights to third parties. [Go to top of page] Top of page Cortana g. Cortana. Cortana is Microsoft’s personal assistant Service. Cortana provides information for your planning purposes only and you should exercise your own independent judgment when reviewing and relying on this information. Microsoft does not guarantee the accuracy, completeness, reliability, availability or timeliness of inferences and personalized experiences provided by Cortana. Microsoft is not responsible if a Cortana communication management feature delays or prevents you from reviewing or sending a communication. [Go to top of page] Top of page Outlook.com h. Outlook.com. The Outlook.com (or @msn, @hotmail, or @live) email address that you use to create your Microsoft account will be unique to you for as long as your Outlook.com inbox or Microsoft account is still active. In the event your Outlook.com inbox or Microsoft account is closed either by you or by Microsoft pursuant to these Terms, the email address or username may be recycled into our system and assigned to another user. [Go to top of page] Top of page Office-based Services i. Office-based Services. Office consumer-based services, applications, or products (including Sway and OneNote) are for your personal, noncommercial use, unless you have commercial use rights under a separate agreement with Microsoft. [Go to top of page] Top of page Microsoft Health Services j. Microsoft Health Services. i. HealthVault. HealthVault is intended for you to store your personal health-related information and information about other people (such as your family) with their consent. HealthVault accounts are not for use by healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed by any health care provider as informational only. The HealthVault Service does not hold records for healthcare providers or other medical or case management purposes. For example, HealthVault records are not designated record sets as defined under U.S. regulations. If a healthcare provider decides to include any data made available from HealthVault in its records, it should store a copy in its own system. If there is a co-custodian of a record in your account (because one of you invited the other), you acknowledge that the co-custodian has full control over that record and may cancel your access to the record, manage other peoples' access to the record, and view the record's data including how and when the record is used. Microsoft does not support non-Microsoft credentials (such as Facebook and OpenID), so HealthVault customer support will not be able to help with sign-in issues for those. If you lose your sign-in credentials, or if the account where you got your credentials closes, you will not be able to recover your stored data. To help maintain continued access, we suggest you use more than one sign-in credential with your HealthVault account. Microsoft does not endorse or control, and is not responsible for, the operation, support, or security of non-Microsoft credentials you may use. ii. Microsoft Health and Microsoft Band. Microsoft Health and the Microsoft Band are not medical devices and are intended for fitness and wellness purposes only. They are not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. Before starting or modifying any activity or sleep program using Microsoft Health, consult your physician. Microsoft is not responsible for any decision you make based on information you receive from Microsoft. [Go to top of page] Top of page Digital Goods k. Digital Goods. Through Microsoft Groove, Microsoft Movies & TV, Store and any other related and future services, Microsoft may enable you to obtain, listen to, view, play or read (as the case may be) music, images, video, text, books, games or other material ("Digital Goods") that you may get in digital form. The Digital Goods are only for your personal, noncommercial entertainment use. You agree not to redistribute, broadcast, publicly perform or publicly display or transfer any copies of the Digital Goods. Digital Goods may be owned by Microsoft or by third parties. In all circumstances, you understand and acknowledge that your rights with respect to Digital Goods are limited by these Terms, copyright law, and the usage rules located at http://go.microsoft.com/fwlink/p/?LinkId=723143. You agree that you will not attempt to modify any Digital Goods obtained through any of the Services for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Goods. Microsoft or the owners of the Digital Goods may, from time to time, remove Digital Goods from the Services without notice. [Go to top of page] Top of page OneDrive l. OneDrive. i. Storage Allocation. If you have more content stored in your OneDrive account than is provided to you under the terms of your free or paid subscription service for OneDrive and you do not respond to notice from Microsoft to fix your account by removing excess content or moving to a new subscription plan with more storage, we reserve the right to close your account and delete or disable access to Your Content on OneDrive. ii. Service Performance. Depending on factors such as your equipment, internet connection and Microsoft’s efforts to maintain the performance and integrity of its service, you may occasionally experience delays in uploading or syncing content on OneDrive. [Go to top of page] Top of page Binding Arbitration and Class Action Waiver 15. Binding Arbitration and Class Action Waiver If You Live In (or If a Business Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes Microsoft, Skype (see section 10) and Microsoft’s affiliates and, if you use Skype Pay by Mobile, your mobile phone carrier. a. Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your Microsoft account, your Skype account, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights. b. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A. (or to your mobile phone carrier at its principal place of business in the United States marked ATTN: Legal Department). Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at http://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved. c. Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or if a business your principal place of business) or King County, Washington, U.S.A. if you meet the court’s requirements. d. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at http://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or if a business your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. e. Arbitration Fees and Payments. i. Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. ii. Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. f. Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. g. Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 15(a)) within one year from when it first could be filed. Otherwise, it's permanently barred. h. Rejecting Future Arbitration Changes. You may reject any change we make to section 15 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 15(b). If you do, the most recent version of section 15 before the change you rejected will apply. i. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 15 is found to be illegal or unenforceable, that provision will be severed but the rest of section 15 still applies. j. Mobile Phone Carrier as Third-Party Beneficiary. If you use Skype Pay by Mobile, your mobile phone carrier is a third-party beneficiary of your agreement with Microsoft and Skype to resolve disputes through informal negotiation and arbitration. Your mobile phone carrier agrees to do everything Microsoft and Skype agree to do in section 15. [Go to top of page] Top of page Miscellaneous 16. Miscellaneous. This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 13, 15, and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and Microsoft for your use of the Services. It supersedes any prior agreements between you and Microsoft regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. Section 15(i) says what happens if parts of section 15 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 15(i) prevails over this section if inconsistent with it. Except for section 15 (arbitration and class action waiver) these Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for Microsoft’s successors and assigns. 17. Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use. For further information on geographic and export restrictions, visit http://go.microsoft.com/fwlink/?linkid=141397 and http://www.microsoft.com/exporting. 18. Unsolicited Ideas. Microsoft does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to Microsoft through the Services or otherwise, you acknowledge and agree that Microsoft shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback. [Go to top of page] Top of page NOTICES Notices and procedure for making claims of intellectual property infringement. Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE. Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers. Notices and procedures regarding intellectual property concerns in advertising. Please review our Intellectual Property Guidelines regarding intellectual property concerns on our advertising network. Copyright and trademark notices. The Services are copyright © 2016 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, U.S.A. All rights reserved. Microsoft and the names, logos, and icons of all Microsoft products, software, and services may be either trademarks or registered trademarks of Microsoft in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved. Certain software used in certain Microsoft website servers is based in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Microsoft website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved. Medical notice. Microsoft does not provide medical or any other health care advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, diet, fitness, or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services. Stock quotes and index data (including index values). © 2013 Morningstar, Inc. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results. You may not use any of the Dow Jones IndexesSM, index data, or the Dow Jones marks in connection with the issuance, creation, sponsorship, trading, marketing, or promotion of any financial instruments or investment products (for example, derivatives, structured products, investment funds, exchange-traded funds, investment portfolios, etc., where the price, return and/or performance of the instrument or investment product is based on, related to, or intended to track any of the Indexes or a proxy for any of the Indexes) without a separate written agreement with Dow Jones. Financial notice. Microsoft isn't a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions and doesn't advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Services is intended to be professional advice, including but not limited to, investment or tax advice. Notice about the H.264/AVC, MPEG-4 Visual, and VC-1 Video Standards. The software may include H.264/AVC, MPEG-4 Visual and/or VC-1 codec technology that may be licensed by MPEG LA, L.L.C. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG-4 VISUAL, AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS ("VIDEO STANDARDS") AND/OR (B) DECODE H.264/AVC, MPEG-4 VISUAL, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE. For clarification purposes only, this notice does not limit or inhibit the use of the software provided under these Terms for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of material with the VIDEO STANDARDS compliant technologies for distribution to third parties. [Go to top of page] Top of page STANDARD APPLICATION LICENSE TERMS STANDARD APPLICATION LICENSE TERMS WINDOWS STORE AND XBOX STORE These license terms are an agreement between you and the application publisher. Please read them. They apply to the software applications you download from the Windows Store or the Xbox Store, including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply. BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION. The application publisher means the entity licensing the application to you, as identified in the Windows Store or Xbox Store. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS; EXPIRATION. For applications you download from the Windows Store: (a) you may install and use the application on a Windows device or devices that are affiliated with the Microsoft account that you use to access the Windows Store; and (b) the device limit for the application is displayed in the Store or, for some applications downloaded on the Xbox console, in our Usage Rules. For applications you download from the Xbox Store, you may install and use the application on Xbox consoles as described in our Usage Rules. Microsoft reserves the right to modify our Usage Rules at any time. 2. INTERNET-BASED SERVICES. a. Consent for Internet-based or wireless services. If the application connects to computer systems over the Internet, which may include via a wireless network, using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system, and application software, and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of services accessed using the application, those terms also apply. b. Misuse of Internet-based services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account, or network by any means. 3. SCOPE OF LICENSE. The application is licensed, not sold. This agreement only gives you some rights to use the application. If Microsoft disables the ability to use the applications on your devices pursuant to your agreement with Microsoft, any associated license rights will terminate. Application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not: a. Work around any technical limitations in the application. b. Reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation. c. Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation. d. Publish or otherwise make the application available for others to copy. e. Rent, lease, or lend the application. f. Transfer the application or this agreement to any third party. 4. DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for personal reference purposes. 5. TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users, and end use. For information on Microsoft branded products, go to the Microsoft exporting website. 6. SUPPORT SERVICES. Contact the application publisher to determine if any support services are available. Microsoft, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) aren’t responsible for providing support services for the application. 7. ENTIRE AGREEMENT. This agreement, any applicable privacy policy, any additional terms that accompany the application, and the terms for supplements and updates are the entire license agreement between you and application publisher for the application. 8. APPLICABLE LAW. a. United States and Canada. If you acquired the application in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of these terms, claims for breach of them, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. b. Outside the United States and Canada. If you acquired the application in any other country, the laws of that country apply. 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so. 10. DISCLAIMER OF WARRANTY. The application is licensed "as is," "with all faults," and "as available." You bear the entire risk as to its quality, safety, comfort, and performance. Should it prove defective, you assume the entire cost of all necessary servicing or repair. The application publisher, on behalf of itself, Microsoft, wireless carriers over whose network the application is provided, and each of our respective affiliates, vendors, agents, and suppliers ("Covered Parties"), gives no express warranties, guarantees, or conditions in relation to the application. You may have additional consumer rights under your local laws that this agreement can't change. To the extent permitted under your local laws, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, safety, comfort, and non-infringement. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90 days from when you download the application. 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including lost profits and consequential, special, direct, indirect, or incidental damages, from the application publisher. This limitation applies to: Anything related to the application or services made available through the application; and Claims for breach of contract, warranty, guarantee or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law. It also applies even if: This remedy doesn’t fully compensate you for any losses; or The application publisher knew or should have known about the possibility of the damages. [Go to top of page] Top of page Covered Services The following products, apps and services are covered by the Microsoft Services Agreement, but may not be available in your market. Account.microsoft.com Advertising.microsoft.com Arrow Launcher Ask Cortana Bing Bing Apps Bing Desktop Bing Dictionary Bing Image Bot Bing in the Classroom Bing Input Bing Maps Bing Music Bot Bing Navigation Bing News Bot Bing Reader Bing Rewards Bing Search app Bing Toolbar Bing Torque Bing Translator Bing Webmaster Bing Wikipedia Browser Bing.com Bingplaces.com Choice.microsoft.com Citizen Next Conditional Action Programmer Cortana Default Homepage and New Tab Page on Microsoft Edge Dev Center App Device Health App Education.minecraft.net Groove Groove Music Pass GroupMe HealthVault Home Maps App Microsoft account Microsoft Family Microsoft Health Microsoft Movies & TV Microsoft Support and Recovery Assistant for Office 365 Microsoft Translator Microsoft Wallpaper Microsoft XiaoIce MSN Dial Up MSN Explorer MSN Food & Drink MSN Health & Fitness MSN Money MSN News MSN Premium MSN Sports MSN Travel MSN Weather MSN.com News Pro App and Website Next Lock Screen Office 365 Consumer Office 365 Home Office 365 Personal Office 365 University Office Online Office Store Office Sway Office.com OneDrive OneDrive.com OneNote Onenote.com Outlook.com Paint 3D Preview Picturesque Lock Screen Pix Lock Remix 3D Send Skype Skype in the Classroom Skype Manager Skype Qik Skype WiFi Skype.com Smart Search Spreadsheet Keyboard Store Sway.com Tossup Translator UrWeather Video Breakdown Windows Live Mail Windows Live Writer Windows Movie Maker Windows Photo Gallery Windows Store Word Flow Xbox and Windows Games published by Microsoft Xbox Live Xbox Live Gold Xbox Music Xbox Store Microsoft Privacy Statement Last Updated: September 2016 What's new? Microsoft participates in the EU-U.S. Privacy Shield framework. To learn more visit go.microsoft.com/fwlink/?LinkID=822639. Your privacy is important to us. This privacy statement explains what personal data we collect from you and how we use it. We encourage you to read the summaries below and to click on "Learn More" if you'd like more information on a particular topic. The product-specific details sections provide additional information relevant to particular Microsoft products. This statement applies to the Microsoft products listed below, as well as other Microsoft products that display this statement. References to Microsoft products in this statement include Microsoft services, websites, apps, software and devices. Personal Data We Collect Microsoft collects data to operate effectively and provide you the best experiences with our products. You provide some of this data directly, such as when you create a Microsoft account, submit a search query to Bing, speak a voice command to Cortana, upload a document to OneDrive, purchase an MSDN subscription, sign up for Office 365, or contact us for support. We get some of it by recording how you interact with our products by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. We also obtain data from third parties. Learn More Top of page How We Use Personal Data Microsoft uses the data we collect to provide you the products we offer, which includes using data to improve and personalize your experiences. We also may use the data to communicate with you, for example, informing you about your account, security updates and product information. And we use data to help show more relevant ads, whether in our own products like MSN and Bing, or in products offered by third parties. However, we do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target ads to you. Learn More Top of page Reasons We Share Personal Data We share your personal data with your consent or as necessary to complete any transaction or provide any product you have requested or authorized. We also share data with Microsoft-controlled affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights or property of Microsoft. Learn More Top of page How to Access & Control Your Personal Data You can view or edit your personal data online for many Microsoft products. You can also make choices about Microsoft's collection and use of your data. How you can access or control your personal data will depend on which products you use. You can always choose whether you wish to receive promotional email, SMS messages, telephone calls and postal mail from Microsoft. You can also opt out from receiving interest-based advertising from Microsoft by visiting our opt-out page. Learn More Top of page Cookies & Similar Technologies Microsoft uses cookies (small text files placed on your device) and similar technologies to provide our websites and online services and help collect data. Cookies allow us, among other things, to store your preferences and settings; enable you to sign-in; provide interest-based advertising; combat fraud; and analyze how our websites and online services are performing. Microsoft apps use other identifiers, such as the advertising ID in Windows, for similar purposes. We also use web beacons to help deliver cookies and gather usage and performance data. Our websites may include web beacons and cookies from third-party service providers. You have a variety of tools to control cookies, web beacons and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt out of data collection through web beacons. Your browser and other choices may impact your experiences with our products. Learn More Top of page Microsoft account With a Microsoft account, you can sign into Microsoft products, as well as those of select Microsoft Partners. Signing into your account can enable improved personalization, provide seamless and consistent experiences across products and devices, and help you access and use cloud data storage and other enhanced features and settings. When you sign into your account to access a product, we create a record of that sign in. If you sign into a third-party service with your Microsoft account, you will be asked to consent to share the account data required by that service. Learn More Top of page Other Important Privacy Information Below you will find additional privacy information you may find important. You can also find more information on Microsoft's commitment to protecting your privacy at privacy.microsoft.com. Learn More Top of page Product-specific details: Bing Bing services include search and mapping services, as well as the Bing Toolbar and Bing Desktop apps. Bing services are also included within other Microsoft services, such as MSN Apps and Cortana, and Windows (which we refer to as Bing-powered experiences). When you use Bing services, we collect your search queries, location and other information about your interaction with our services. Learn More Top of page Cortana Cortana is your personal assistant. Cortana works best when you sign in and let her use data from your device, your personal Microsoft account, other Microsoft services, and third-party services you choose to connect. If you choose not to sign into Cortana, you can still chat with Cortana and use Cortana to help you search the web and your device. But if you don’t sign in, your experiences will be more limited and they will not be personalized. Learn More Top of page Groove Music/Movies & TV Groove Music lets you easily play your music collection, make playlists, buy music and stream custom radio stations. Microsoft Movies & TV allows you to play your video collection, and rent or buy movies and TV episodes. Microsoft will use data about the content you play in order to help you discover content that may interest you. Learn More Top of page Microsoft Health Services Microsoft Health services can help you understand and manage your health data. They include the Microsoft Band devices, Microsoft Health apps, HealthVault, and other related services. The Band helps you keep track of data like heart rate and steps taken. The Band can also use Cortana to take notes and receive notifications from your phone. The Microsoft Health app sends data to Microsoft's servers and allows you to manage and control the data. The app provides a channel for other apps on your phone to send notifications to the Band. HealthVault is a personal health platform that lets you gather, edit, add to, and store health data online. With HealthVault, you can also choose to share your health data with family, caregivers, and health care professionals. Microsoft Health services collect and use your data to provide the services, which includes improving and personalizing your experiences. Health data you provide to Microsoft through Microsoft Health services is not combined with data from other Microsoft services, or used for other purposes without your explicit consent. For example, Microsoft does not use your health record data to market or advertise to you without your opt-in consent. Learn More Top of page MSN MSN services include websites and a suite of apps. We collect information about the installation of MSN Apps and the devices on which they are installed. We also collect data about how you interact with MSN services, such as usage frequency and content viewed. Learn More Top of page Office Office is a collection of productivity applications including Word, Excel, PowerPoint, and Outlook among others. For more details about Outlook, see the Outlook section of this privacy statement. Various Office applications enable you to use content and functionality from other Microsoft and third-party connected services such as Bing. For detailed information about how to manage your privacy options, please see go.microsoft.com/fwlink/?LinkId=624445. If you work in an organization, your administrator can turn off connected services via Group Policy. Learn More Top of page OneDrive OneDrive lets you store and access your files on virtually any device. You can also share and collaborate on your files with others. Some versions of the OneDrive application enable you to access both your personal OneDrive by signing in with your personal Microsoft account and your OneDrive for Business by signing in with your work or school Microsoft account as part of your organization's use of Office 365. When you store content in OneDrive, that content will inherit the sharing permissions of the folder in which you store it. For example, if you store content in a public folder, the content will be public and available to anyone on the Internet who can find the folder. Learn More Top of page Outlook Outlook products are designed to improve your productivity through improved communications and include Outlook.com, Outlook applications, and related services. Outlook.com is Microsoft's primary consumer email service, and includes email accounts with addresses that end in outlook.com, live.com, hotmail.com, and msn.com. Outlook applications include desktop and mobile apps that permit you to manage email, calendar items, files, contacts, and other data. Learn More Top of page Silverlight Microsoft Silverlight helps you to access and enjoy rich content on the Web. Silverlight enables websites and services to store data on your device. Other Silverlight features involve connecting to Microsoft to obtain updates, or to Microsoft or third-party servers to play protected digital content. Learn More Top of page Skype Skype lets you send and receive voice, video and instant message communications. As part of providing these features, Microsoft collects, uses and shares personal data, including data about your communications, as described in more detail in Learn More. Learn More Top of page Store The Store is an online service that allows you to browse, download, purchase, rate, and review applications and other digital content. It includes the Windows Store, Xbox Store, and Office Store. Learn More Top of page SwiftKey SwiftKey Keyboard and related apps and services collect and use data about how you type to learn your writing style and provide personalized autocorrect and predictive text that adapts to you. Learn More Top of page Windows Windows is a personalized computing environment that enables you to seamlessly roam and access services, preferences and content across your computing devices from phones to tablets to the Surface Hub. Rather than residing as a static software program on your device, key components of Windows are cloud-based, and both cloud and local elements of Windows are updated regularly, providing you with the latest improvements and features. In order to provide this computing experience, we collect data about you, your device, and the way you use Windows. And because Windows is personal to you, we give you choices about the personal data we collect and how we use it. Note that if your Windows device is managed by your organization (such as your employer or school), your organization may use centralized management tools provided by Microsoft or others to control device settings, device policies, software updates, data collection by us or the organization, or other aspects of your device. For more information about data collection and privacy in Windows, go to go.microsoft.com/fwlink/?LinkId=529552. Legacy versions of Windows (including Vista, 7, 8, and 8.1) are subject to their own privacy statements. Learn More Top of page Xbox Xbox Live is Microsoft's online gaming and entertainment service and social network. Xbox services can be accessed from a variety of devices, including Xbox consoles, PCs (including via xbox.com and the Xbox app), and mobile devices. Microsoft collects data about your use of Xbox services, which can include information collected by the Kinect sensor. Some data, such as your gamertag and game scores, can be seen by other users. Learn More Top of page Enterprise Products Enterprise Products are those Microsoft products and related offerings that that are offered or designed primarily for use by organizations and developers. They include subscription cloud services, such as Office 365, Microsoft Azure, Microsoft Dynamics CRM Online, Microsoft Intune, and Yammer, for which an organization (our "customer") contracts with Microsoft for the services (“Online Services”). They also include server and developer products customers run on their own premises, such as Windows Server, SQL Server, Visual Studio, and System Center (“On-Prem Products”). Some Enterprise Products have their own, separate privacy statements. The following notices explain specific privacy practices with respect to certain Microsoft products you may use: Enterprise and developer Online services In the event of a conflict between a Microsoft privacy statement the terms of any agreement(s) between a customer and Microsoft, the terms of those agreement(s) will control. MICROSOFT WINDOWS AZURE MARKETPLACE AGREEMENT DATED: February 2013 THANK YOU FOR CHOOSING MICROSOFT WINDOWS AZURE MARKETPLACE! Please read the following agreement carefully. This Microsoft Windows Azure Marketplace Agreement (“Agreement”) is a contract between you, corporation, or other legal entity (“you”) and Microsoft Corporation, One Microsoft Way, Redmond, Washington, USA, or based on your primary headquarters, one of the Microsoft Corporation affiliates identified in Section 15 (“Microsoft,” “we,” “us” or “our”). This Agreement applies to your access and use of the Microsoft online marketplace “Microsoft Microsoft Azure Marketplace”, including any Microsoft Azure Marketplace services, catalogues, data, applications, software, sites, information, materials, content and updates made available to you as part of such marketplace (“Marketplace Service”). If you intend to use any of the Marketplace Services in connection with your Microsoft Azure account (for example, running software obtained from the Microsoft Azure Marketplace in your Microsoft Azure account), such use is also governed by the Microsoft Online Services Agreement or Enterprise Agreement, as applicable, and terms referenced therein. By checking the box, below, you acknowledge that you have read this Agreement and agree to its terms, including the electronic delivery of notices and disclosures in connection with the Marketplace Service, that you are authorized to enter into this Agreement, and that your use of the Marketplace Services is for COMMERCIAL PURPOSES ONLY. If you do not or are unable to accept these terms or do not want to enter into this Agreement with Microsoft, please close this web page and exit this site. 1. HOW YOU MAY USE THE MARKETPLACE SERVICE. a. GENERAL. The Marketplace Service is an online service that enables you to identify and sign up for or purchase a subscription to data and applications made available by publishers via the Marketplace Service under a Marketplace Service unified provisioning and billing framework (such publishers’ data or applications collectively, “Marketplace Publisher Content”). Marketplace Publisher Content does not include applications or data listed on the Marketplace Service as “Catalog.” The “Catalog” applications and data are listed as a convenience for your information. The provisioning and billing for Catalog content will vary depending on the publisher’s practices and terms. Any terms, including payment, billing, privacy, and licensing are between you and the third party publisher of such Catalog content. Without limiting the foregoing, no right or license to any Microsoft intellectual property is granted with respect to such Catalog content, , whether by implication, estoppel or otherwise, unless we are the publisher of the applicable Catalog Content. Marketplace Service APIs help developers and information workers to consume and manage Marketplace Publisher Content acquired through the Marketplace Service. You may access and use the Marketplace Service only through the portal site we designate for the Marketplace Service and only in accordance with the terms of this Agreement and the policies and procedures we designate for use of the Marketplace Service. Certain features and content, including Marketplace Publisher Content and Catalog content, identified or otherwise made available via the Marketplace Service may be made available to you through websites, online services, or applications operated and/or licensed by third parties. Your dealings with any of these third parties are solely between you and the applicable third party and may be governed by other terms of use or agreements that apply to such third party web sites, online services, or applications, and such Marketplace Publisher Content and Catalog content (collectively, “Third Party Offerings”).You acknowledge and agree that the Third Party Offerings are not owned, created, licensed, sponsored or endorsed by Microsoft. Microsoft does not monitor, control or assume any liability associated with Third Party Offerings and is not responsible for the quality, accuracy and/or nature of Third Party Offerings or any of its components. b. CONTENT. i. Your right to use Marketplace Publisher Content is governed by separate terms of use associated with the respective data or application provided by the publisher (“Publisher Terms of Use”). The Publisher Terms of Use is a binding agreement between you and the publisher; we are not a party to and are not bound by the Publisher Terms of Use, nor does it have any impact on your agreement with us or any of the terms of this Agreement (unless we are the publisher of the applicable Marketplace Publisher Content). Without limiting the foregoing, no right or license to any Microsoft intellectual property is granted with respect to the Marketplace Publisher Content, whether by implication, estoppel or otherwise, unless we are the publisher of the applicable Marketplace Publisher Content. For clarity, your use of the Marketplace Service is not conditioned on acceptance of Publisher Terms of Use. You may reject or decline such Publisher Terms of Use and continue to use the Marketplace Service as authorized in this Agreement, although you will not be permitted access to or use of the applicable Marketplace Publisher Content. ii. Some Marketplace Publisher Content or Catalog content may be designated “For Microsoft Azure Use Only” or words of similar effect. You agree that, notwithstanding any applicable Publisher Terms of Use, you will not download or transfer such content outside of Microsoft Azure unless we provide specific authorization to do so. iii. Catalog content is not a Marketplace service offering and is only listed on our Marketplace Service web pages as a convenience for you. All transactions and information exchange regarding Catalog content is entirely between you and the publisher of that content. iv. You understand that, by using the Marketplace Service, you may encounter information and offerings that include content that you deem offensive, outdated, inaccurate or otherwise objectionable. Access to and use of content made available through the Marketplace Service is at your own risk. Microsoft Parties (defined below) shall not be liable for your access to or use of any Third Party Offerings, including without limitation Marketplace Publisher Content. v. Microsoft’s sole obligation and your exclusive remedy for any claims of copyright infringement is takedown and removal of the infringing content from the Marketplace Service, as further described in http://www.microsoft.com/info/cpyrtInfrg.htm. vi. Content made available via the Marketplace Service may contain financial data. Microsoft is not a broker/dealer or registered investment advisor under U.S. federal securities law or securities laws of other jurisdictions and does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Marketplace Service is an offer or solicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Marketplace Service, including any datasets or financial applications, are intended to be professional advice, including but not limited to, investment or tax advice. vii. Microsoft organizes and displays Marketplace Publisher Content and Catalog content in various content categories within the Marketplace Service. Categorization is provided for your convenience only. Microsoft makes no representation or warranty that Marketplace Publisher Content or Catalog content will be placed in all relevant content categories or that each listing, description or display of such content, including datasets or applications, is accurate, complete or up to date. viii. If you are interested in making application(s) and/or data available on the Marketplace Service, you may use the Microsoft Azure Marketplace Publisher Portal to submit application(s) and/or data to Microsoft. Your submission of Marketplace Publisher Content is subject to the Microsoft Azure Marketplace Publisher and Catalog Listing Agreement, which is available at the Microsoft Azure Marketplace Publisher Portal. Microsoft is not under any obligation to accept any application(s) or data that you submit. If Microsoft accepts applications(s) and/or data that you submit, you must accept the Microsoft Azure Marketplace Publisher and Catalog Listing Agreement, which is available at the Microsoft Azure Marketplace Publisher Portal, prior to Microsoft making such application(s) and/or data available on the Marketplace Service. If Microsoft does not accept your applications(s) or data, Microsoft is not under any obligation to return to you anything that you submitted. You may only use the Microsoft Azure Marketplace Publisher Portal to submit application(s) and/or data to Microsoft. c. MARKETPLACE SERVICE APIS. Subject to your compliance with the terms of this Agreement and the additional conditions provided below, you may use the Marketplace Service APIs made available to you by Microsoft to write, develop or host online applications, web sites, or other online services that interface with the Marketplace Service to access the applicable Marketplace Publisher Content (your “Applications”). Additional Conditions Regarding Marketplace Service Application Programing Interfaces (APIs): § Your Applications must also conform to the Publisher Terms of Use for the Marketplace Publisher Content that your Application(s) consume, and any additional technical specifications, documentation or policies provided or made available to you by Microsoft from time to time. § Microsoft may limit the number of requests that you can make to the Marketplace Service and Marketplace Publisher Content to protect our system or to enforce reasonable limits on your use of the Marketplace Service or Marketplace Publisher Content. Additionally, publishers may place restrictions on the number of requests that you can make to their respective content, which will be enforced by Microsoft (“Specific throttling”). Specific throttling limits may be displayed on the publisher’s content detail page for which they apply. The Specific throttling limits may be changed at any time, with or without notice. § Microsoft may change, deprecate or republish Marketplace Service APIs from time to time. It is your responsibility to ensure that calls made to the Marketplace Service are compatible with then-current Marketplace Service APIs. You further acknowledge that we may change or remove features or functionality of the Marketplace Service at any time, with or without prior notice to you. d. MARKETPLACE SERVICE SUPPLEMENTAL SOFTWARE. You may receive or interact with software that enables or enhances your use of Marketplace Service (but that are not Marketplace Publisher Content or Catalog content) (the “Marketplace Supplemental Software”): i. If you receive Marketplace Supplemental Software from us: a) Your use of that software is under the terms of the license that is presented to you for that software. We reserve all other rights to such software not expressly granted by us under the license terms, whether by implication, estoppel or otherwise. Unless we notify you otherwise, your license to use the software will end on the earlier of (i) the date Your Account (see Section 3) that uses the software terminates or (ii) termination/cancellation of the Marketplace Service, and you must promptly uninstall the software. We may disable the software after such event. You acknowledge and agree that we may disable the software upon expiration or termination of your rights to use the software. b) If such software has no separate license, then we grant you, subject to the terms and conditions of this Agreement, a limited, personal, non-exclusive, revocable license to use the software only for and during the authorized use of the Marketplace Service to which the software relates, unless other rights or limitations are stated in this Agreement. You may not copy, modify or create derivative works, publish, transmit, distribute, sell or attempt to sell or transfer, or otherwise use or exploit any software unless we or our suppliers have expressly allowed you to do so. You will not disassemble, decompile, or reverse engineer any software associated with the Marketplace Service, except and only to the extent that the law expressly permits this activity. We reserve all other rights to the software not expressly granted by us under the license terms, whether by implication, estoppel or otherwise. c) We may automatically check your version of the software. We may also automatically download upgrades to the software to your computer or other device on which the software is installed to update, enhance and further develop the Marketplace Service. You acknowledge and agree that we may automatically check your version of the software and download upgrades as provided in this subsection. ii. Marketplace Supplemental Software consisting of third party scripts or code linked to or referenced from the Marketplace Service are licensed to you by the third parties that own such code, not by Microsoft. 2. HOW YOU MAY NOT USE THE MARKETPLACE SERVICE. a. You may not interfere or attempt to interfere in any manner with the functionality or proper performance of the Marketplace Service or any of its associated technologies and services, including the availability or accessibility of Third Party Offerings. b. You may not access or use the Marketplace Service for any unlawful or deceptive purpose or in any way that is illegal or promotes illegal activities. Without limitation, you may not access or use the Marketplace Service in any manner that: i. might be discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age, ii. is defamatory, offensive, malicious or harmful to any person or entity, iii. would violate local, state, federal or other applicable consumer privacy regulations, or iv. would compile or use any information obtained through the Marketplace Service for the purpose of spamming, unsolicited sales or any advertising, marketing or other activities that are impermissible under Microsoft’s anti-spamming policy at http://privacy.microsoft.com/en-us/anti-spam.mspx. c. You may not use the Marketplace Service (or any component thereof) to build a competitive service or to otherwise copy the design, functionality and/or user interfaces within the Marketplace Service. Further, you may not (directly or indirectly) offer or provide the Marketplace Service as a service to third parties. You are not permitted to sell, assign, lease, rent, transfer, broadcast, act as a service bureau, distribute or grant rights in and to the Marketplace Service to any third party. You are also prohibited from 'framing', 'mirroring’, linking to, or incorporating the Marketplace Service or any of its components within your own online environment. d. You may not remove, obscure, or alter any notice of any trademarks, service marks, service or trade names, logos, and other proprietary designations of Microsoft, its affiliates or its suppliers. 3. MARKETPLACE SERVICE ACCOUNT. a. ACCOUNT REGISTRATION. To obtain Marketplace Publisher Content via the Marketplace Service, you must agree to this Agreement and create a Marketplace Service account (“Your Account”) with your Windows Live ID. Your Account user ID and password, along with any assigned keys or other credentials provided to you must be treated as confidential. Microsoft Parties (defined below) will not be liable for any loss resulting from the unauthorized use of your Windows Live ID, Your Account password or any assigned access keys or credentials. b. WINDOWS LIVE ID. Windows Live ID is used for authentication. Windows Live ID is a multi-site authentication service that helps you to sign in to web sites and conduct e-commerce transactions. You can find out more about Windows Live ID by going to the Windows Live ID web site at https://accountservices.passport.net/PPNetworkHome.srf?lc=1033. The Windows Live ID privacy statement at http://privacy.microsoft.com/en-us/default.aspx sets forth your and our rights and responsibilities for information you provide as part of Windows Live ID. c. ACCOUNT USE. You are responsible for all activity that takes place with Your Account (including your Billing Account), including all use by your employees or other authorized agents, who must comply with all of the terms of this Agreement. You may not access anyone else’s account at any time without the express permission of the account holder. 4. PAYMENT. The Marketplace Publisher Content made available through the Marketplace Service portal include a variety of offerings, some of which are made available for a fee (“Paid Subscription(s)”) and others that are made available at no charge (“No Fee Subscription(s)”). You may also be offered a subscription on a trial basis (“Trial Subscription(s)”). In order to access Paid Subscriptions and Trial Subscriptions, you will need to create a billing account(s) (“Billing Account(s)“). If you have a Billing Account(s), in consideration of your use of any Paid Subscriptions and Trial Subscriptions, you agree to pay applicable fees in the amounts listed in the respective Paid Subscriptions detail pages and as described below. When you create your Billing Account for purposes of subscribing to Paid Subscriptions or Trial Subscriptions, you must enter a valid payment method. You must be authorized to use the payment method. You authorize us to charge you for the Paid Subscription(s) using your payment method and for any Paid Subscription(s) for which you choose to sign-up or use while this Agreement is in force. For Trial Subscriptions, you will not be charged for Trial Subscription(s) during the trial offer period. If you do not cancel your Trial Subscription(s) within the trial offer period, such Trial Subscription(s) will be converted to Paid Subscription(s) and you will be charged accordingly. For any Paid Subscription offers with rates on a periodic basis, you agree to pay monthly charges in advance. We may charge you a different amount than what you approved (subject to local taxes and other applicable charges). If the amount is different than the amount you authorized or the amount we charged you in the previous month, we will tell you the amount and the date of the charge at least 10 days before your scheduled billing date. In addition, for any Paid Subscription(s), we may bill you for more than one of your prior billing periods together for amounts that have not been paid or processed. Other purchases (such as a one-time download) will be billed at the time you make the purchase. If we informed you that the Paid Subscription(s) will be provided indefinitely or automatically renewed, we may automatically renew your Paid Subscription(s) and you authorize us to charge you for any renewal term. You may add additional payment methods to your Billing Account. If the primary method you have designated for a particular service is unavailable or invalid for any reason, you authorize us to charge any other payment method you may have on file with us. For any Billing Accounts you create, you also agree to the following: a. Updates to Your Billing Account. You must keep all information in your Billing Account current, including your billing address and the expiration date of your payment card, otherwise we may not be able to process a payment and any Paid Subscription to which you have subscribed may be suspended until you update your Billing Account information. You can access your Billing Account at https://billing.microsoft.com, where you can make changes to your Billing Account. You authorize us to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your Paid Subscription(s). Your notice to us will not affect charges we submit to your Billing Account before we reasonably could act on your request. b. Prices and Price Increases. Prices for Paid Subscriptions may change from time to time, but we will tell you before any such change. If there is a specific time length and price for your Paid Subscription offer, then that price will remain in force for that time. After the offer period ends, your use of the Paid Subscription content will be charged at the new price. We will tell you the amount and the date of the charge at least 10 days before your scheduled billing date. If your Paid Subscription to the Marketplace Publisher Content is on a periodic basis (for example, monthly), with no specific time length, then we will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change. If you do not agree to these changes, then you must cancel and stop using the Paid Subscription content before the changes take place. If you cancel your subscription, then your subscription ends at the end of your current subscription time length or, if we bill your Billing Account on a periodic basis, at the end of the billing period in which you cancelled. Currency exchange settlements are based on your agreement with your payment method provider. c. Taxes. The prices for Paid Subscriptions do not include any taxes. You are responsible for any taxes that you are legally obligated to pay including, but not limited to, paying Microsoft any applicable value added, sales or use taxes or like taxes that are permitted to be collected from you by Microsoft under applicable law. If any taxes are required by law to be withheld on payments made by you to Microsoft, you may deduct such taxes from the amount owed Microsoft and pay them to the appropriate taxing authority; provided, however, that you shall promptly secure and deliver to Microsoft, at the applicable address set forth in Section 15 (to the attention of: Accounts Payable re: Microsoft Azure Marketplace), an official receipt for any such taxes withheld or other documents necessary to enable Microsoft to claim a Foreign Tax Credit. You will make certain that any taxes withheld are minimized to the extent possible under applicable law. d. Refund Policies. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense. e. Online Statement; Errors. We will provide you with an online billing statement. This is the only billing statement that we provide. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF EACH ONLINE STATEMENT AND TO RETAIN COPIES FOR YOUR RECORDS. Go to https://billing.microsoft.com to view, print or request a paper copy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge, provided that you tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. f. Cancelling a Paid Subscription. You may cancel your Paid Subscription at any time, with or without cause. Got to https://datamarket.azure.com and click the “My Account” link to obtain information on cancelling your Paid Subscription to the applicable Marketplace Publisher Content. You may continue to access any cancelled Paid Subscription until the end of your then-current billing period, but you will not be charged again for that Paid Subscription. Cancellation of the Paid Subscription by you will not alter your obligation to pay all charges made to your Billing Account or any amounts otherwise due. g. Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time. h. Access Charges. You must provide at your own expense the equipment and Internet connections that you will need to access and use the Marketplace Service. If you access the Marketplace Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Marketplace Service through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the Marketplace Service through any wireless or other communication service. i. Auto-refill. As part of a Paid Subscription that is subject to a transaction, character, user, or other discrete balance limitation (collectively, Transactions) in a given subscription period (e.g., 5,000 Transactions per 30 days), you may have the option to enable Auto-refill. Auto-refill automatically re-subscribes you to your current Paid Subscription when your Transaction balance reaches a specific balance threshold (e.g., 10% of the initial Transaction balance, or 500 Transactions remaining in a 5,000-Transaction subscription). If you enable Auto-refill, you agree that, when such threshold is reached, we may automatically cancel your current Paid Subscription and re-subscribe you to a new Paid Subscription, and authorize us to charge you for such new subscription term at the subscription price in effect at the time of Auto-refill. If you enable Auto-refill but such threshold is not met during your current Paid Subscription period, your Paid Subscription will be renewed in accordance with the terms of such Paid Subscription. You may limit the number of times that Auto-refill occurs in any given 30-day period (“Auto-refill Cap”), or elect to allow Auto-refill to occur without limitation. We will inform you when an Auto-refill occurs by notifying you that your current Paid Subscription has been cancelled and a new Paid Subscription has been established. However, we are unable at this time to notify you if Auto-refill does not occur (1) due to problems with your primary or other payment method or (2) in the event you will have exceeded your Auto-refill Cap. You are therefore responsible for monitoring the status of your Auto-refill Cap and keeping your Billing Account information current in accordance with Section 4(a). You may disable Auto-refill at any time, and we will use our best efforts to process your request to disable Auto-refill as soon as possible. However, please note that if the Transaction balance threshold is reached within 2 hours of your request to disable, Auto-refill may still occur. You should therefore cancel Auto-refill at least 2 hours before you anticipate that the Transaction balance threshold will be met. Auto-refill is not available for Trial Subscriptions, No Fee Subscriptions, “unlimited” subscriptions that are not subject to a Transaction limit (e.g. $500 for unlimited Transactions in a subscription period), or promotional or trial subscriptions, including subscriptions that have been initiated using a coupon or other promotional code. 5. SUPPORT SERVICES; SECURITY; REMOVAL OF DATA. a. Third Party Offerings. Microsoft is not responsible for providing technical support, development assistance, customer service or any other services to you in connection with your use of any Third Party Offerings. b. Marketplace Service. For support policies regarding the Marketplace Service, please review the information at http://datamarket.azure.com/support. § Service Levels. The Marketplace Service may be inaccessible due to scheduled and unscheduled reasons, including maintenance updates, power outages, system failures, extended downtime and other interruptions. During such periods, you may be unable to access or use all of, or a portion of, the Marketplace Service. In the event of an outage or interruptions that Microsoft determines may cause risk to the Marketplace Service, Microsoft may determine in its sole discretion to suspend the Marketplace Service. You acknowledge and agree that your ability to access the Marketplace Service, Your Account, Billing Accounts, and Marketplace Publisher Content may be suspended, delayed or interrupted for any reason, including scheduled and unscheduled maintenance, power outages, system failures and other interruptions. § Security. We use a variety of security technologies and procedures to help protect unauthorized access to or use of the Marketplace Services; however, we cannot guarantee that we will be successful at doing so. Accordingly, without limitation to any other provisions of this Agreement, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your data, content, software programs or services you use in connection with your access to or use of the Marketplace Services. We strongly encourage you, where available and appropriate, to take measures to protect your data, content, software applications or services, including without limitation using encryption technology to protect from unauthorized access, and to routinely archive as appropriate. In using the Marketplace Service, you agree to promptly notify us if you learn of a security breach related to the Marketplace Service. 6. YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCOUNT. You are responsible for all activity that takes place with Your Account, and any associated accounts, including your Billing Account, to the maximum extent permissible under applicable law. Without limitation, it is your obligation to: (i) prevent corruption, deletion, destruction or loss of any content in Your Account, including your Billing Account; (ii) protect your Windows Live ID, Your Account passwords and any assigned keys or certificates; and (iii) ensure your Applications and any software that you use or run with the Marketplace Service is current with the latest security patches or updates. 7. PRIVACY PRACTICES. By agreeing to the terms of this Agreement, you also consent to the collection, use and disclosure of your personal information outlined in this section and in the Microsoft Azure Marketplace Privacy Statement (https://datamarket.azure.com/privacy). We may collect certain data about your use of the Marketplace Service. In particular, we may access or disclose information about you, including the content of your communications, in order to comply with the law or respond to lawful requests or legal process, or as otherwise disclosed in our Privacy Statement, or as you may otherwise authorize. When you purchase, subscribe to, or use Marketplace Publisher Content, some personal information, including your contact information will be sent to the respective publishers to help them prevent fraud, provide you with customer support, perform statistical analysis, and as otherwise described in the Publisher Terms of Use and privacy policy or privacy statement for the respective Marketplace Publisher Content. Marketplace publishers are prohibited from using the information for other purposes without your consent. If you choose to make a purchase or sign up for a Paid Subscription service, we will ask for additional information, such as your payment card number and billing address, which is used to create your Billing Account. For payment processing, our fraud detection vendors may use aggregate data to help improve their service. This helps them more accurately detect fraudulent uses of payment methods. See Microsoft Azure Marketplace Privacy Statement (https://datamarket.azure.com/privacy) for more details. Except where otherwise specified in the Marketplace Service, information that is collected by or sent to Microsoft may be stored and processed in the United States or any other country in which Microsoft or its affiliates, subsidiaries or service providers maintain facilities. You consent to any such transfer of information outside of your country. Microsoft abides by the Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union, the European Economic Area and Switzerland. If you collect, store, or otherwise process personal information using the Marketplace Service, you must comply with all applicable privacy and data protection laws. 8. UPDATES TO AGREEMENT TERMS. We may revise, update, modify or replace this Agreement at any time, with or without prior notice to you. If you do not agree with any modifications or additional terms in a subsequent Agreement, you may reject such modifications or terms by ceasing all future use of the Marketplace Service and cancelling Your Account, Billing Account, and any active subscriptions and licenses to Marketplace Publisher Content. 9. NO WARRANTY. The Marketplace Service, including any APIs and software made available to you under Section 1(c) and 1(d), is provided "as-is," "with all faults" and "as available." Microsoft does not guarantee the Marketplace Service or the accuracy, quality, quantity or timeliness of content or information included in or provided in connection with the Marketplace Service, including without limitation Third Party Offerings. Microsoft and its suppliers, licensors, service providers, vendors, resellers and affiliates (collectively, the "Microsoft Parties") give no warranties, guarantees or conditions of purchase for the Marketplace Service, including any Third Party Offerings provided in connection with the Marketplace Service. For purposes of clarification, this provision does not change any warranties, guarantees or conditions of purchase made by providers or publishers of Third Party Offerings to you. You may have additional consumer rights under your local laws that this Agreement cannot change; however, Microsoft Parties exclude and disclaim any implied warranties including those of merchantability, title, fitness for a particular purpose, workmanlike effort and non-infringement. 10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA OR OTHER INFORMATION, USE, GOODWILL) ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OR INABILITY TO USE THE MARKETPLACE SERVICE, APPLICATIONS, DATA, MARKETPLACE PUBLISHER CONTENT OR OTHER THIRD PARTY OFFERINGS (INDIVIDUALLY AND COLLECTIVELY, “OFFERINGS”).FOR ILLUSTRATION ONLY, AND WITHOUT LIMITING OR INTENDING TO LIMIT THE ABOVE, MICROSOFT PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, SOFTWARE PROGRAMS, CONTENT OR SERVICES; (B) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNTS, INCLUDING BILLING ACCOUNTS; (C) ANY ALTERATION, CORRUPTION, DELETION, DAMAGE OR LOSS OF ANY OFFERINGS, OR OTHER CONTENT OR APPLICATIONS USED IN CONNECTION WITH THE OFFERINGS; (D) FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION WITH RESPECT TO THE OFFERINGS; (E) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ONLINE ACCESS TO OR USE OF THE OFFERINGS; (F) INCOMPATIBILITIES BETWEEN THE MARKETPLACE SERVICE AND OTHER OFFERINGS, OTHER SERVICES, SOFTWARE OR HARDWARE; AND (G) ANY THIRD PARTY CONDUCT OR TRANSMISSIONS OR DATA. MICROSOFT PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS IN THE MARKETPLACE SERVICE THAT AFFECT YOUR ABILITY TO ACCESS, USE, SELECT OR RETRIEVE ANY OFFERINGS. 11. THESE LIMITATIONS ON LIABILITY APPLY EVEN IF IT RESULTS IN LOSSES TO YOU THAT ARE NOT COMPENSATED AND MICROSOFT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. SUCH LOSSES WILL NOT CONSTITUTE A FAILURE OF THIS AGREEMENT’S ESSENTIAL PURPOSE. 12. TERM AND TERMINATION. a. Term. The term of this Agreement will begin, and you may begin using the Marketplace Services, once you agree to the terms of this Agreement by checking the “accept” box below and complete the registration process for Your Account. b. Termination or Suspension. We may change or discontinue the Marketplace Service or certain features at any time and for any reason. We may cancel or suspend the Marketplace Service, or Your Accounts, or remove any content from the Marketplace Service at any time and for any reason. We may suspend the Marketplace Service or Your Account(s) immediately upon notice to you. For cancelations, we will provide 10 day’s advance notice to you in accordance with the notice provisions in Section 17 below. Upon suspension or cancellation, your right to use the Marketplace Service or Your Accounts (as applicable) stops right away. Our cancellation or suspension of the Marketplace Service or Your Account(s) will not alter your obligation to pay all charges made to your Billing Account. If we cancel the Marketplace Service or Your Account in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of the Marketplace Service Paid Account subscriptions remaining right before the cancellation. You may cancel the Marketplace Service or Your Account at any time, with or without cause, upon notice to us by contacting the Microsoft Azure Platform Customer Support at http://www.microsoft.com/windowsazure/support/. If you are participating in any Trial Subscription, you must cancel the Trial Subscription by the end of the trial period to avoid incurring charges. Cancelation of Paid Subscriptions is subject to the respective Publisher Terms of Use. Certain Publisher Terms of Use for Paid Subscriptions may include cancellation charges, and you will be required to pay all such cancellation charges as specified in the materials describing such subscription offer. Cancellation of such Paid Subscription by you will not alter your obligation to pay all charges made to your Billing Account. Go to https://datamarket.azure.com and click the “My Account” link to obtain information on cancelling your subscription(s) to the applicable Marketplace Publisher Content. 13. INTELLECTUAL PROPERTY RIGHTS; COPYRIGHT CLAIMS. ALL RIGHTS TO THE MARKETPLACE SERVICE ARE RESERVED. We, our licensors and our suppliers reserve all right, title and interest (including all intellectual property and proprietary rights) in and to our respective products and services made available to you under this Agreement. In accepting the terms of this Agreement or using the Marketplace Service, you do not acquire any ownership interest in or rights to any Marketplace Publisher Content (including for Paid Subscriptions), Microsoft products, Microsoft services or Third Party Offerings that may be listed or displayed within Marketplace Service. Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider's designated agent. Microsoft’s notice and procedure for making claims of copyright infringement is located at: http://www.microsoft.com/info/cpyrtInfrg.htm . OUR RIGHTS TO USE FEEDBACK. You may, but are not obligated to, provide opinions, feedback, suggestions and other information to Microsoft regarding your use of the Marketplace Service (collectively, “Feedback”). If you elect to provide Feedback, You hereby license to Microsoft, its suppliers and assigns, without charge, any rights needed under your intellectual property, to use, share and commercialize any such Feedback in any way and for any purpose. These rights survive any termination or expiration of this Agreement. 14. LINKS TO THIRD PARTY SITES. The links made available on the Marketplace Service web pages will let you leave Microsoft’s site. The linked sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Microsoft is not responsible for webcasting or any other form of transmission received from any linked site. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site. 15. CONTRACTING PARTY, CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. a. If your primary headquarters is located in Europe, the Middle East or Africa, you are contracting with Microsoft Ireland Operations Limited, Atrium Block B, Carmenhall Road, Sandyford Industrial Estate, Dublin 18, Ireland, and the laws of Ireland govern the interpretation of this Agreement and apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your service. With respect to jurisdiction, you may choose the responsible court in Ireland or in the country to which we direct your service for all disputes arising out of or relating to this Agreement. b. If your primary headquarters is located in North or South America, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA, and Washington state law governs the interpretation of this Agreement and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this Agreement. c. If your primary headquarters is located in Australia, Hong Kong, India, Malaysia, New Zealand or Singapore, you are contracting with Microsoft Regional Sales Corporation 438B Alexandra Road #04-09/12 Block B, Alexandra Technopark Singapore 119968, and the laws of Singapore govern this Agreement. You and we irrevocably agree to the exclusive jurisdiction and venue of the Singapore courts for all disputes arising out of or relating to this Agreement, regardless of conflict of laws principles. d. If your primary headquarters is located in Japan, you are contracting with Microsoft Co. Ltd (MSKK), Odakyu Southern Tower, 2-2-1 Yoyogi, Shibuya-ku, Tokyo 151-8583. The laws of Japan govern this Agreement and any matters arising out of or relating to it. You and we irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this Agreement. e. If your primary headquarters is located in Korea, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daichi-Dong, Kangnam-Gu, Seoul, 135-777, Korea. The laws of the Republic of Korea govern this contract. You and we irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this Agreement. 16. INTERPRETING THE AGREEMENT. A court may hold that we cannot enforce a part of this Agreement as written. If this happens, then you and we will replace that part with terms that most closely reflect our intention and the rest of this Agreement will not change. This Agreement forms the entire agreement regarding your use of the Marketplace Service. This Agreement supersedes any prior agreements or statements (whether oral or written) regarding your use of the Marketplace Service. 17. CONSENT TO ELECTRONIC DISCLOSURES; ASSIGNMENT; NOTICE; GOVERNMENT CUSTOMERS; EXPORT; WAIVER OF RIGHT TO VOID ONLINE PURCHASES; NEW ZEALAND STATUTORY LIABILITY. This Agreement is in electronic form. We have promised to send you certain information in connection with the Marketplace Service and have the right to send you certain additional information. There may be other information regarding the Marketplace Service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel Your Accounts (including your Billing Accounts). We may provide required information to you: o by e-mail at the e-mail address you specified when you signed up for your Marketplace Service accounts (referenced above as Your Account and/or Billing Account); o by access to a Microsoft Web site that will be designated in an e-mail notice sent to you at the time the information is available; or o by access to a Microsoft Web site that will be generally designated in advance for this purpose. You may not assign this Agreement. Microsoft may assign this Agreement to its affiliates. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Marketplace Service, you acknowledge that you have the necessary software and hardware to receive and retain these notices. If you do not consent to receive any notices electronically, you must stop using the Marketplace Service. You may notify us as stated in the “Microsoft Microsoft Azure Platform Support,” “Feedback,” or “help” areas for the Marketplace Service. Before accepting this Agreement, government customers should consult with their Microsoft representative to assure full compliance with local laws and government procurement processes. The Marketplace Service, including software provided by Microsoft, is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Marketplace Service, including any software provided by Microsoft. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. To the maximum extent permitted by applicable law, you waive your rights to void purchases under this Agreement pursuant to any law governing distance selling or electronic or online agreements, as well as any right or obligation regarding prior information, subsequent confirmation, rights of withdrawal, or cooling-off periods. The following provisions are only applicable to customers in New Zealand. (i) Business. When we act as a “supplier” (as defined in the Consumer Guarantees Act 1993 (NZ) (“CGA”)) of a service or software, you confirm that such service or software provided by us under this Agreement is acquired for the purposes of a business (as that term is defined in the CGA) that the CGA does not apply to the service or software supplied by Microsoft. (ii) Consumers. Subject to subsection (i) above, nothing in this Agreement is otherwise intended to limit the rights of a “consumer” (as defined in the CGA) and the terms of this Agreement are to be modified to the extent necessary to give effect to this intention MICROSOFT TRANSLATOR ONLINE SERVICE AGREEMENT Dated: March 2016 Section 1 - Description of Services Microsoft Translator delivers automatic translation of text or speech into a specified language, and other language-related functionality (the "Service"). Microsoft provides access to the Service by means of the Microsoft Translator application programming interface (the "API") to allow software applications, websites or other products (the "Application") to interact with the Service. An Application does not include an interface that emulates the functionality or is substantially similar to the API. You may subscribe to the API for your Applications to interact with the Service by way of the Microsoft Azure Marketplace Service (the "Marketplace Service"). The Marketplace Service is an online market place located at https://datamarket.azure.com/home where the Marketplace Service, catalogues, data, applications, software, sites, information, materials, content and updates are made available to you. The Marketplace Service is governed by the terms of the Microsoft Windows Azure Marketplace Agreement (the "Marketplace Terms of Use") located at https://datamarket.azure.com/terms. Section 2 - Acceptance of Terms This Online Service Agreement is a contract between you and the Microsoft Company listed in Section 23. This contract applies to your use of the Service, the API and any documentation, media, services, updates and other materials made available from time to time through the Microsoft Translator webpages of the Marketplace Service. You can view the most current version of this contract at https://www.aka.ms/TranslatorTOU. Microsoft may update this contract by posting new terms and conditions. The new terms and conditions will automatically take effect and amend your terms of use of the Service contract after 30 days from posting. If you do not agree to accept the new terms and conditions, you must stop using the Service within the 30-day period from the posting of the new terms and conditions. Your use of certain elements of the Service may be subject to additional guidelines, posted notices, codes of conduct, or the Marketplace Terms of Use. These are incorporated by reference into this contract. By creating an account or accepting this contract, you represent that you are at least 18 years old or have reached the age of "majority" where you live, if that is not 18 years of age. If you are under 18 or have not reached the age of majority, your parent or legal guardian must set up an account on your behalf and accept this contract. Please note that Microsoft does not provide warranties for the Service. This contract also limits our liability. These terms are in sections 10 and 14. Please read them carefully. Section 3 - License During the term of your subscription and subject to your compliance with this contract, Microsoft provides you a non-exclusive, nontransferable, nonsublicensable, worldwide license to: use the API and access the Service to embed the API and underlying content into the Application so that the Application can interface directly with the Service; use the API and access the Service to host and present results from the Service on the Application; and use the documentation, media, and other materials made available by Microsoft from time to time for use with the Service and API solely in support of you exercising your rights in this license. Microsoft will provide you with the means for obtaining unique access credentials to access the Service through the API solely for the purposes stated in this license. You are solely responsible for: (a) keeping your access credentials confidential; (b) any and all activities that occur under your access credentials, and (c) ensuring these credentials remain available to the appropriate person if one of more users leave the company. Microsoft cannot transfer your subscription from one account to another. A loss of credentials will require you to create a new account and news credentials and, potentially, to rewrite some part of your software. You must promptly notify Microsoft of any unauthorized use of your access credentials or any other breach of security. Microsoft will not be liable for any loss that you incur if someone else uses your access credentials, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party if someone else uses your access credentials. Section 4 - Microsoft Marks During the term of your subscription, you will provide attributions to the Service as outlined on https://www.aka.ms/TranslatorAttributionGuide. Section 5 - Modifications Microsoft may change the Service or delete features of the Service at any time and for any reason. For any changes or deletions that Microsoft has reason to know may disrupt your use of the Service, Microsoft will provide six (6) months' notice by posting the relevant information on the Microsoft Translator Support site at https://www.aka.ms/TranslatorSupport regarding such changes or deletions. Other than as provided in Section 8, or if required to satisfy or comply with any applicable law, regulation, or legal process, Microsoft will not cancel, suspend or terminate your use of the Service during the term of your subscription. Section 6 - Use Restrictions When using the Service you must comply with the terms of this contract, the terms of the Marketplace Terms of Use, all applicable laws. You must also obey any policies, codes of conduct, and notices Microsoft provides. The Service may not be available in all countries. You, and any third party working on your behalf, may not: Distribute, sell, resell, loan, rent, lease, sublicense, redistribute, assign or otherwise share or dispose your access credentials, or any part thereof, to any third party (excluding legal affiliates such as majority owned subsidiaries or foreign representations); Distribute, sell, resell, loan, rent, lease, sublicense, redistribute, assign or otherwise transfer the API, or any part thereof, to any third party; Syndicate, distribute, publish, facilitate, enable, or allow access or linking to the Service directly from the API or any location or source other than the Application (or in any manner except directly to users through the Application); Modify, reverse engineer or otherwise alter the API (except to the extent this is authorized by applicable law notwithstanding this limitation); Use or retain the translated text, audio or any other data from the Service for the purpose of developing or training a translation program, translation service or for any other machine learning system specifically related to translation or a translation service; Share or distribute the translated text, audio or any other data from the Service to any third party for the purpose of developing or training a translation program, translation service or for any other machine learning system specifically related to translation or a translation service; Use the Service or API for any illegal purpose; Misrepresent your identity or interfere with any other party's use and enjoyment of the Service; Damage, disable, overburden, or impair the Service (or any network connected to the Service); Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service; Use the Service to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Knowingly transmit any virus, worm, defect, or any other item intended to destroy, surreptitiously interfere with, expropriate, or exert unauthorized control over any system or data or to defraud any person; and Remove, modify, or tamper with any notice or link that is incorporated into the Service. If Microsoft believes that you are making unauthorized or improper use of the Service, Microsoft may take such action as it deems appropriate without notice to you. These actions may include blocking access to the Service and API from a particular access credential, internet domain, or IP address. Microsoft may at all times: (a) disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request; or (b) edit or to remove any information or materials, in whole or in part. Section 7 - Reservation of Rights Microsoft retains all rights, title, and interest in and to the Service, API, and any materials Microsoft makes available through the Microsoft Translator webpage of the Marketplace Service. This includes all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Microsoft reserves all rights not expressly granted. Section 8 - Term This contract starts on the date you accept it. It continues until your subscription has expired, been canceled or terminated. You may terminate this contract without cause at any time by cancelling the Service as described in the Marketplace Terms of Use. Microsoft may cancel the contract as described in Section 5 - Modifications. A party may also terminate the contract for cause on 30 days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period. The following sections will survive any termination or expiration of the Service: 6-14 and 19-21. Section 9 - Submissions Provided to Microsoft Microsoft does not claim ownership of the content you or your customers submitted to the Service. Your content remains your content. Microsoft does not control, verify, or endorse the content that you, your customers or others submit to the Service. If your subscription expires or is suspended, canceled or terminated, all content submitted pursuant to that subscription may be permanently deleted or irretrievable from Microsoft's servers. Microsoft has no obligation to return such content to you. Section 10 - Privacy Please refer to the Microsoft Translator Privacy Statement found at: https://www.aka.ms/translatorprivacy. Section 11 - No Warranty Microsoft provides the Service, the API, and associated materials "as is," "with all faults," and "as available". Microsoft does not guarantee the suitability, reliability, availability, accuracy or timeliness of information available from the Service or API. Microsoft does not guarantee that the Service or API will be uninterrupted, secure, error-free or that data loss will not occur. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime will occur. Microsoft gives no express warranties, guarantees, or conditions. Microsoft disclaims all warranties with regard to the Service, the API, and associated materials. This includes any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement). You may have additional consumer rights under your local laws that this contract cannot change. Section 12 - Copyright and Trademarks All Service materials, except user-generated content, are Copyright © 2016 Microsoft. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or materials provided as part of the Service. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the software and materials. Information on Microsoft trademarks is available at https://www.microsoft.com/en-us/legal/intellectualproperty/trademarks/usage/default.aspx. This contract does not grant or imply any rights to any Microsoft or supplier trademark, trade name or logo. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Section 13 - Copyright Claim Notice and Procedure Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. For details and contact information see Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtinfrg.htm. Section 14 - Claims Must Be Filed Within One Year To the extent permitted by law, any claim related to this contract, the Service, the API or associated materials must be brought within one year. The one-year period begins on the date when the claim first accrues. Any claim that is not filed within that time is permanently barred. This section applies to you and your successors. It also applies to us and our successors and assigns. Section 15 - Limitation of Liability You can recover from Microsoft for all successful claims only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits. This limitation applies to anything related to this contract, for example: The Service; The API; Loss of data; Your content, third party content (including code), third party programs, or third party conduct; Viruses or other disabling features that affect your access to or use of the Service; Incompatibility between the Service, API and other services, software, hardware or Applications; Delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Service in an accurate or timely manner; and Claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation; strict liability; negligence; or other tort. It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose or Microsoft knew or should have known about the possibility of the damages. This contract does not affect the statutory rights of any consumer. It also does not exclude or restrict liability for death or personal injury arising from Microsoft's negligence, fraud, or its gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages. Section 16 - Notice Microsoft may send you, in electronic form, information about the Service, additional information, and information the law requires Microsoft to provide. Microsoft may provide required information to you by email at the address you specified when you signed up for the Service. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the service. Section 17 - Support Microsoft offers support for the Service on the Microsoft Translator Support forum: www.aka.ms/TranslatorSupport and via email. Section 18 - Your Privacy Practices In using the Service, you may be able to collect personal information about third parties through your dealings with such third parties. If you do, you agree to: (a) post a privacy policy on your website that, at a minimum, discloses any and all uses of personal information that you collect from such third parties; (b) provide a hypertext link to your privacy policy on the home page of your website and on all pages where you collect personal information from third parties; and (c) use personal information only as expressly permitted by your privacy policy. Section 19 - Export The Service and API are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Service and API. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. Section 20 - No Additional Obligations Nothing contained in this contract is deemed to grant you or Microsoft, directly or by implication, estoppel, or otherwise, any license other than any specific grant mentioned in this contract. Nothing in this contract will require you or Microsoft to enter into any additional agreements (including any license agreement or other agreement that could grant you any further rights in the Service or API). Microsoft has no obligation to update or make available any further versions of the Service or API. Section 21 - Contract Interpretation All parts of this contract apply to the maximum extent permitted by law. A court may hold that you or Microsoft cannot enforce a part of this contract as written. If this happens, then you and Microsoft will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and Microsoft regarding your use of the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service and any prior version of the contract. Where the terms of this contract conflict with those of the Marketplace Terms of Use, the terms of this contract will prevail. The section titles in the contract do not limit the other terms of this contract. Section 22 - Assignment Microsoft may assign, transfer, sell, rent, lend or otherwise dispose our rights and obligations under this contract. Microsoft may do this in whole or part, at any time without notice to you. You may not temporarily or permanently assign any part of this contract or any rights to use the Service to any other party. Any attempt to do so is void. Section 23 - Governing Law Contracting party, choice of law, and location for resolving disputes. (a) If you live in or your business is headquartered in North or South America, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA, and Washington State law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which Microsoft directs your Service. You and Microsoft irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this contract. (b) If you live in or your business is headquartered in Europe, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. All claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Luxembourg or of the country in which you reside. With respect to jurisdiction, you may choose the responsible court in Luxembourg or in the country in which you reside for all disputes arising out of or relating to this contract. (c) If you live in or your business is headquartered in the Middle East or Africa, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation of this contract and apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which Microsoft directs your Service. You and Microsoft irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to this contract. (d) Unless your country is specifically called out below, if you live in or your business is headquartered in Asia or the South Pacific, you are contracting with Microsoft Regional Sales Corp., a corporation organized under the laws of the State of Nevada, USA, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and Washington State law govern this contract. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in any country or region. (e) If you live in or your business is headquartered in Japan, you are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern this contract and any matters arising out of or relating to it. You and Microsoft irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this contract. (f) If you live in or your business is headquartered in China, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA. As to those Services, Washington State law governs this contract, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, USA, is nonexclusive. (g) If you live in or your business is headquartered in Korea, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of Korea govern this contract. You and Microsoft irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this contract. (h) If you live in or your business is headquartered in Taiwan, you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern this contract. You and Microsoft irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or in connection with this contract. By subscribing to this offer, you agree that your contact information will be sent to the publisher to help prevent fraud, provide you with customer support, perform statistical analysis, and as otherwise described in the publisher’s terms of use and privacy policy. ENGLISH APPLE INC. SOFTWARE LICENSE AGREEMENT FOR macOS Sierra For use on Apple-branded Systems PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, 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 INSTALL AND/OR USE THE APPLE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE APPLE SOFTWARE AS PART OF AN APPLE HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE APPLE HARDWARE/SOFTWARE PACKAGE 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/. YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 1. General. A. The Apple software (including Boot ROM code), any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Apple-branded hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple 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 application software product that may be preinstalled on your Apple-branded hardware, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product. B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. C. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs 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. 2. Permitted License Uses and Restrictions. A. Preinstalled and Single-Copy Apple Software License. Subject to the terms and conditions of this License, unless you obtained the Apple Software from the Mac App Store, through an automatic download or under a volume license, maintenance or other written agreement from Apple, you are granted a limited, non-exclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time. For example, these single-copy license terms apply to you if you obtained the Apple Software preinstalled on Apple-branded hardware. B. Mac App Store License. If you obtained a license for the Apple Software from the Mac App Store or through an automatic download, then subject to the terms and conditions of this License and as permitted by the Mac App Store Usage Rules set forth in the App Store Terms and Conditions (http://www.apple.com/legal/internet-services/itunes/ww/) (“Usage Rules”), you are granted a limited, non-transferable, non-exclusive license: (i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running OS X El Capitan, OS X Yosemite, OS X Mavericks, OS X Mountain Lion or OS X Lion (“Mac Computer”) that you own or control; (ii) If you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use either: (a) by a single individual on each of the Mac Computer(s) that you own or control, or (b) by multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use the Apple Software on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use the Apple Software on a single Mac Computer located at a resource center or library; and (iii) to install, use and run up to two (2) additional copies or instances of the Apple Software within virtual operating system environments on each Mac Computer you own or control that is already running the Apple Software, for purposes of: (a) software development; (b) testing during software development; (c) using macOS Server; or (d) personal, non-commercial use. The grant set forth in Section 2B(iii) above does not permit you to use the virtualized copies or instances of the Apple Software in connection with service bureau, time-sharing, terminal sharing or other similar types of services. C. Volume or Maintenance License. If you obtained the Apple Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the Apple Software you are permitted to download, install, use and run on Apple-branded computers you own or control. Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the Apple Software obtained under a volume or maintenance license. D. System Requirements; Apple ID. Please note that the Apple Software is supported on only Apple-branded hardware that meets specified system requirements as indicated by Apple. In addition, use of and access to certain features of the Apple Software and certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination, known as an Apple ID. E. Fonts. Subject to the terms and conditions of this License, you may use the fonts included with the Apple Software to display and print content while running the Apple Software; however, you may only embed fonts in content if that is permitted by the embedding restrictions accompanying the font in question. These embedding restrictions can be found in the Font Book/Preview/Show Font Info panel. F. Voices. Subject to the terms and conditions of this License, you may use the system voices included in the Apple Software (“System Voices”) (i) while running the Apple Software and (ii) to create your own original content and projects for your personal, non-commercial use. No other use of the System Voices is permitted by this License, including but not limited to the use, reproduction, display, performance, recording, publishing or redistribution of any of the System Voices in a profit, non-profit, public sharing or commercial context. G. Photos App Features and Support. The Photos application of the Apple Software (“Photos App”) may not support some video and photo formats. Use of some features of the Photos App will depend on the features of your camera. Synchronizing photos with the Photos App and any Apple or third party services may result in loss of data. The slideshow graphics, music and themes included with the Photos App are only for personal, non-commercial use in slideshows you create using the Photos App. You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Photos App, or otherwise use the Digital Materials outside the context of its intended use as part of the Photos App. Printing from Apple Print Services is subject to the Print Services terms and conditions located at: http://www.apple.com/internetservices/terms/membership_terms.html. Apple Print services may not be available for all areas. Please check the preferences and consult the user documentation for the Apple Software for more information. H. Remote Desktop Connections.  Subject to the terms and conditions of this License, when remotely connecting from another computer or electronic device (each a “Device”) to an Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Home Mac”), whether through the Screen Sharing feature or through any other means: (i) only one (1) Device may remotely connect at any one time, whether directly or indirectly, to control the graphical desktop session of the Apple Software that is running and being displayed on the Home Mac; and (ii) a reasonable number of Devices may remotely connect at the same time for the sole purpose of simultaneously observing the same graphical desktop session of the Apple Software that is running and being displayed on the Home Mac, as long as they do not control the Apple Software in any way; but (iii) only one (1) Apple-branded Device may remotely connect at any one time, whether directly or indirectly, to control a separate graphical desktop session of the Apple Software that is different from the one running and being displayed on the Home Mac, and such connection may only be made through the Screen Sharing feature of the Apple Software. Except as expressly permitted in this Section 2H, or except as otherwise licensed by Apple, you agree not to use the Apple Software, or any of its functionality, in connection with service bureau, time-sharing, terminal sharing or other similar types of services, whether such services are being provided within your own organization or to third parties. I. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise permitted by the terms of this License or otherwise licensed by Apple: (i) only one user may use the Apple Software at a time, and (ii) you may not make the Apple Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. J. Backup Copy. You may make one copy of the Apple Software (excluding the Boot ROM code and other Apple firmware that is embedded or otherwise contained in Apple-branded hardware) 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. Apple Boot ROM code and firmware is provided only for use on Apple-branded hardware and you may not copy, modify or redistribute the Apple Boot ROM code or firmware, or any portions thereof. K. Migration of Existing Software. If you use Setup/Migration Assistant to transfer software from one Apple-branded computer to another Apple-branded computer, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. You should check the relevant software license agreements for applicable terms and conditions. Third party software and services may not be compatible with this Apple Software and installation of this Apple Software may affect the availability and usability of such third party software or services. L. Open Source. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on Apple-branded computers you own or control, as long as each such Apple computer has a properly licensed copy of the Apple Software on it; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Apple Software. You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open-Sourced Components of the Apple Software, such failure or damage is excluded from the terms of the Apple hardware warranty. M. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple 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-Sourced Components that may be included with the Apple Software). N. Compliance with Laws. You agree to use the Apple 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 Apple Software and Services. Features of the Apple Software and the Services may not be available in all languages or regions and some features may vary by region. An Internet connection is required for some features of the Apple Software and Services. O. Third Party Software. Apple has provided as part of the Apple Software package, and may provide as an upgrade, update or supplement to the Apple Software, access to certain third party software or services as a convenience. To the extent that the Apple Software contains or provides access to any third party software or services, Apple has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products. P. Automatic Updates. The Apple Software will periodically check with Apple for updates to the Apple Software. If an update is available, the update may automatically download and install onto your computer and, if applicable, your peripheral devices. By using the Apple Software, you agree that Apple may download and install automatic updates onto your computer and your peripheral devices. You can turn off automatic updates altogether at any time by changing the automatic updates settings found within System Preferences. 3. Transfer. A. If you obtained the Apple Software preinstalled on Apple-branded hardware, you may make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (i) the Apple Software is transferred together with your Apple-branded hardware; (ii) the transfer must include all of the Apple Software, including all its component parts, printed materials and this License; (iii) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (iv) the party receiving the Apple Software accepts the terms and conditions of this License. For purposes of this License, if Apple provides an update (e.g., version 10.11 to 10.11.1) to the Apple Software, the update is considered part of the Apple Software and may not be transferred separately from the pre-update version of the Apple Software. B. If you obtained your license to the Apple Software from the Mac App Store or through an automatic download, it is not transferable. If you sell your Apple-branded hardware to a third party, you must remove the Apple Software from the Apple-branded hardware before doing so, and you may restore your system to the version of the Apple operating system software that originally came with your Apple hardware (the “Original Apple OS”) and permanently transfer the Original Apple OS together with your Apple hardware, provided that: (i) the transfer must include all of the Original Apple OS, including all its component parts, printed materials and its license; (ii) you do not retain any copies of the Original Apple OS, full or partial, including copies stored on a computer or other storage device; and (iii) the party receiving the Original Apple OS reads and agrees to accept the terms and conditions of the Original Apple OS license. C. You may not transfer any Apple Software that has been modified or replaced under Section 2L above. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that the Apple Software provided with a particular Apple-branded hardware product might not run on other models of Apple-branded hardware. D. Any copy of the Apple Software that may be provided by Apple for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred. 4. Consent to Use of Data. When you use the various communication features of the Apple Software, such as iMessage and FaceTime, with your computer, the Apple ID information you provide, your email address(es), certain unique identifiers for your computer and your iPhone’s telephone number are sent to Apple in order to allow others to reach you.  When you use iMessage, Apple may hold your messages in encrypted form for a limited period of time in order to ensure their delivery. You may turn off FaceTime or iMessage by going to the FaceTime or Messages preferences on your Mac. Certain features like Diagnostics & Usage, Location Services, Siri, Dictation and Spotlight may require information from your computer to provide their respective functions. When you turn on or use these features, details will be provided regarding what information is sent to Apple and how the information may be used.  You can learn more 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. General. The Apple Software may enable access to Apple's iTunes Store, Mac App Store, Game Center, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, "Services"). 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 iTunes Store account, Apple ID, Game Center account, iCloud account or other Apple account, you agree to the applicable terms of service for that account, such as the latest iTunes Store Terms and Conditions 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 Drive”, “My Photo Stream”, “iCloud Photo Sharing” and “Find My Mac” may be accessed directly from the Apple 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. Maps. The maps service and features of the Apple Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as traffic and local search, various location-related and usage information may be sent to Apple, including the real-time geographic location of your computer, 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. Apple may also provide such information, in either an aggregated or non personally identifiable form, to its partners and licensees to help improve their map and location-based products and services. You may disable the location-based functionality of Maps by going to the Location Services setting on your computer and turning off the individual location setting for Maps. Certain Maps features will, however, be unavailable if you disable the Location Services setting. D. 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 shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. E. 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. F. 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, 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. G. 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, and that you will not use such proprietary content, information or materials in any way whatsoever except 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. H. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Apple Software are not available in all languages or in all countries. 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 or 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. 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 Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 9, 10, 12 and 13 of this License shall survive any such termination. 7. Disclaimer of Warranties. A. If you are a customer who is a consumer (someone who uses the Apple 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. B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE 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 APPLE 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. D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES. E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE 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 APPLE 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. F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE 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 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 OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE 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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Digital Certificates. The Apple 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. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorized user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your certificates that you have reason to believe have been compromised. Apple’s Certificate Policy and Certificate Practice Statements may be found at: http://www.apple.com/certificateauthority. 10. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple 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 Apple 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 Apple 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 Apple 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 use of the Apple 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. A. Portions of the Apple Software 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 Apple 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 (https://www.google.com/intl/en/policies/terms/) and to Google's Privacy Policy (https://www.google.com/intl/en/policies/privacy/). B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple at opensource@apple.com. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software. C. Use of MPEG-4. This product 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. This product 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. D. H.264/AVC Notice. To the extent that the Apple 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 THIS PRODUCT 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. E. AMR Notice. The Adaptive Multi-Rate ("AMR") encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network. F. FAA Notice. Aircraft Situation Display and National Airspace System Status Information data (collectively “Flight Data”) displayed through the Apple Software is generated by the Federal Aviation Administration. You agree not to redistribute Flight Data without the prior written consent of the FAA. The FAA and Apple disclaim all warranties, expressed or implied (including the implied warranties of merchantability and fitness for a particular purpose), regarding the use and accuracy of the Flight Data. You agree that the FAA and Apple shall not be liable, either collectively or individually, for any loss, damage, claim, liability, expense, or penalty, or for any indirect, special, secondary, incidental, or consequential damages deriving from the use of the Flight Data. The Apple Software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or regarding operational traffic flow issues. G. Use of Adobe Color Profiles. You may use the Adobe Color Profile software included with the Apple Software pursuant to this License, but Adobe is under no obligation to provide any support for the Color Profiles hereunder, including upgrades or future versions of the Profiles or other items. In addition to the provisions of Sections 7 and 8 above, IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER. The Adobe Color Profile software distributed with the Apple Software is also available for download from Adobe at http://www.adobe.com. 15. 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. EA1410 Rev. 8/3/2016 ------------------------ Apple Pay Supplemental Terms and Conditions These Apple Pay Supplemental Terms and Conditions (the “Supplemental Terms”) supplement the Software License Agreement for macOS (the “License”); both the terms of the License and these Supplemental Terms govern your use of the Apple Pay feature, which shall be deemed a “Service” under the License.  Capitalized terms used in these Supplemental Terms have the meanings set forth in the License. 1 Overview and Use Restrictions On supported Mac devices, you can use Apple Pay to initiate a payment within websites shown in Safari.  This feature requires you to have a credit, debit or prepaid card that is supported by Apple Pay (“Supported Cards”) and has been provisioned to a supported iOS device or Apple Watch (“Supported Devices”). When you check out from a website using Apple Pay, you will be required to authorize the transaction using a Supported Device. In addition to the terms set forth in these Supplemental Terms, your use of Apple Pay to initiate payments within websites is subject to the Apple Pay Supplemental Terms and Conditions applicable to your Supported Devices, the terms of which are hereby incorporated by reference and which can be accessed by going to: Settings > General > About > Legal > License from your iOS device, or About > Legal > License from the Watch app on a paired iOS device. The Apple Pay features of the Apple Software may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant.  Supported Devices may change from time to time.  2 Privacy Apple Pay transfers purchase information in an encrypted format between your Mac and your Supported Device to complete your transaction. 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 (which can be accessed by going to Wallet & Apple Pay on your iOS device, or within the Watch app on a paired iOS device), or by visiting http://www.apple.com/privacy. By using Apple Pay, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of all of the foregoing information, to provide Apple Pay functionality. 3 Security Providing your device passcode to a third party or allowing a third party to add their fingerprint to use Touch ID on your Supported Device may result in their ability to make Apple Pay payments within websites.   You are solely responsible for maintaining the security of your Supported Devices and the applicable passcodes.  You agree that Apple does not have any responsibility if you make unauthorized modifications to macOS. Developer Agreement & Policy Developer Agreement Effective: September 30, 2016. This Twitter Developer Agreement (“Agreement”) is made between you (either an individual or an entity, referred to herein as “you”) and Twitter, Inc. and Twitter International Company (collectively, “Twitter”) and governs your access to and use of the Licensed Material (as defined below). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, INCLUDING WITHOUT LIMITATION ANY LINKED TERMS AND CONDITIONS APPEARING OR REFERENCED BELOW, WHICH ARE HEREBY MADE PART OF THIS LICENSE AGREEMENT. BY USING THE LICENSED MATERIAL, YOU ARE AGREEING THAT YOU HAVE READ, AND THAT YOU AGREE TO COMPLY WITH AND TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR OTHERWISE USE THE LICENSED MATERIAL. THIS AGREEMENT IS EFFECTIVE AS OF THE FIRST DATE THAT YOU USE THE LICENSED MATERIAL (“EFFECTIVE DATE”). IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY. YOU MAY NOT USE THE LICENSED MATERIAL AND MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TWITTER, OR YOU ARE BARRED FROM USING OR RECEIVING THE LICENSED MATERIAL UNDER APPLICABLE LAW. I. Twitter API and Twitter Content A. Definitions Content ‒ Tweets, Tweet IDs, Twitter end user profile information, and any other data and information made available to you through the Twitter API or by any other means authorized by Twitter, and any copies and derivative works thereof. Developer Site ‒ Twitter’s developer site located at https://dev.twitter.com. End Users ‒ Users of your Services, who are bound to enforceable service terms with you. Licensed Material ‒ A collective term for the Twitter API and Content. Services ‒ Your websites, applications and other offerings that display Content or otherwise use the Licensed Material. Tweet ID ‒ A unique identification number generated for each Tweet. Tweet ‒ a short-form text and/or multimedia-based posting that is publicly displayed on Twitter Services. Twitter API ‒ The Twitter Application Programming Interface (“API”), Software Development Kit (“SDK”) and/or the related documentation, data, code, and other materials provided by Twitter with the API, as updated from time to time, including without limitation through the Developer Site. Twitter Marks ‒ The Twitter name, or logos that Twitter makes available to you, including via the Developer Site. Twitter Services ‒ Twitter’s offerings and platforms, including without limitation, those offered via http://twitter.com and Twitter’s mobile application. B. License from Twitter. Subject to the terms and conditions in this Agreement (as a condition to the grant below), Twitter hereby grants you and you accept a non-exclusive, royalty free, non-transferable, non-sublicensable, revocable license during the Term solely to: Use the Twitter API to develop and implement your Services; Copy a reasonable amount of and display the Content on and through your Services to End Users, as permitted by this Agreement; Modify Content only to format it for display on your Services; and Use and display Twitter Marks, solely to attribute Twitter’s offerings as the source of the Content, as set forth herein. C. Incorporated Terms. Your use of the Licensed Material is further subject to and governed by the following terms and conditions: the Twitter Developer Policy located at https://dev.twitter.com/overview/terms/policy (“Developer Policy”); as it relates to your display of any of the Content, the Display Requirements located at https://dev.twitter.com/terms/display-requirements (“Display Requirements”); as it relates to your use and display of the Twitter Marks, the Twitter Brand Assets and Guidelines located at https://twitter.com/logo (“Brand Guidelines”); and as it relates to taking automated actions on your account, the Automation Rules located at https://support.twitter.com/articles/76915 (“Automation Rules”). The Developer Policy, Display Requirements, Brand Guidelines, and Automation Rules are collectively referred to herein as the “Developer Terms”. You agree to the Developer Terms, which are hereby incorporated by reference and are available in hardcopy upon request to Twitter. In the event of a conflict between the Developer Terms and this Agreement, this Agreement shall control. None of the Developer Terms expand or extend the license to the Twitter API, Content or Twitter Marks granted in this Agreement. II. Restrictions on Use of Licensed Materials Reverse Engineering and other Limitations. You will not or attempt to (and will not allow others to) 1) reverse engineer, decompile, disassemble or translate the Twitter API, or otherwise attempt to derive source code, trade secrets or know-how in or underlying any Twitter API or any portion thereof; 2) interfere with, modify, disrupt or disable features or functionality of the Twitter API, including without limitation any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Twitter API; 3) sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Licensed Material to any third party except as expressly permitted herein; 4) provide use of the Twitter API on a service bureau, rental or managed services basis or permit other individuals or entities to create links to the Twitter API or "frame" or "mirror" the Twitter API on any other server, or wireless or Internet-based device, or otherwise make available to a third party, any token, key, password or other login credentials to the Twitter API; or 5) use the Licensed Material for any illegal, unauthorized or other improper purposes. Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of the Twitter API ("Rate Limits"), or otherwise use the Twitter API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this Agreement. If you exceed or Twitter reasonably believes that you have attempted to circumvent Rate Limits, controls to limit use of the Twitter APIs or the terms and conditions of this Agreement, then your ability to use the Licensed Materials may be temporarily suspended or permanently blocked. Twitter may monitor your use of the Twitter API to improve the Twitter Service and to ensure your compliance with this Agreement. Geographic Data. Your license to use Content in this Agreement does not allow you to (and you will not allow others to) aggregate, cache, or store location data and other geographic information contained in the Content, except in conjunction with the Content to which it is attached. Your license only allows you to use such location data and geographic information to identify the location tagged by the Content. Any use of location data or geographic information on a standalone basis or beyond the license granted herein is a breach of this Agreement. Use of Twitter Marks. The Twitter Marks may not be included in or as part of your registered corporate name, any of your logos, or any of your service or product names. Moreover, you may not create any derivative works of the Twitter Marks or use the Twitter Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Twitter. You will not otherwise use business names and/or logos in a manner that can mislead, confuse, or deceive users of your Services. All use of the Twitter Marks and all goodwill arising out of such use, will inure to Twitter’s benefit. You shall not use the Twitter Marks except as expressly authorized herein without Twitter’s prior consent. You will not remove or alter any proprietary notices or Twitter Marks on the Licensed Material. III. Updates You acknowledge that Twitter may update or modify the Twitter APIs from time to time, and at its sole discretion (in each instance, an “Update”). You are required to implement and use the most current version of the Twitter API and to make any changes to your Services that are required as a result of such Update, at your sole cost and expense. Updates may adversely affect the manner in which your Services access or communicate with the Twitter API or display Content. Your continued access or use of the Twitter APIs following an update or modification will constitute binding acceptance of the Update. IV. Ownership and Feedback Ownership. The Licensed Materials are licensed, not sold, and Twitter retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that Twitter, its licensors and its end users retain all worldwide right, title and interest in and to the Licensed Material and Content, including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all applications therefor), and all proprietary rights under the laws of the United States, any other jurisdiction or any treaty ("IP Rights"). You agree not to do anything inconsistent with such ownership, including without limitation, challenging Twitter’s ownership of the Twitter Marks, challenging the validity of the licenses granted herein, or otherwise copying or exploiting the Twitter Marks during or after the termination of this Agreement, except as specifically authorized herein. If you acquire any rights in the Twitter Marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Twitter, immediately assign such rights to Twitter. Feedback. You may provide Twitter with comments concerning the Licensed Material, Services or your evaluation and use thereof (collectively, "Feedback). You hereby grant Twitter all rights, title and ownership of such Feedback (including all intellectual property rights therein), and Twitter may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to you. V. Termination Twitter may immediately terminate or suspend this Agreement, any rights granted herein, and/or your license to the Licensed Materials, at its sole discretion at any time, for any reason by providing notice to you. You may terminate this Agreement at any time by ceasing your access to the Twitter API and use of all Twitter Content. Upon termination of this Agreement, all licenses granted herein immediately expire and you must cease use of all Licensed Materials. The parties to this Agreement will not be liable to each other for any damages resulting solely from termination of this Agreement as permitted under this Agreement. Sections II, IV, V, VI and VII of this Agreement will survive the termination of this Agreement. VI. Confidentiality You may be given access to certain non-public information, software, and specifications relating to the Licensed Material (“Confidential Information”), which is confidential and proprietary to Twitter. You may use this Confidential Information only as necessary in exercising your rights granted in this Agreement. You may not disclose any of this Confidential Information to any third party without Twitter’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care. VII. Other Important Terms User Protection. You will not knowingly: 1) display, distribute, or otherwise make available Content to any entity to investigate, track or surveil Twitter’s users or their Content, or to obtain information on Twitter users or their Content, in a manner that would require a subpoena, court order, or other valid legal process or that would otherwise have the potential to be inconsistent with our users’ reasonable expectations of privacy; or 2) display, distribute or otherwise make available Content to any person or entity that you reasonably believe will use such data to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/), including without limitation Articles 12, 18, or 19. If law enforcement personnel request information about Twitter or its users for the purposes of an ongoing investigation, you may refer them to Twitter’s Guidelines for Law Enforcement located at https://t.co/le. You will not conduct and your Services will not provide analyses or research that isolates a small group of individuals or any single individual for any unlawful or discriminatory purposes. Additional Terms for Permitted Government Use. The Twitter API and Twitter Content 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. Any use, modification, derivative, reproduction, release, performance, display, disclosure or distribution of the Twitter API or Twitter Content by any government entity is prohibited, except as expressly permitted by the terms of this Agreement. Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. If you use the Twitter API or Twitter Content in your official capacity as an employee or representative of a U.S., state or local government entity and you are legally unable to accept the indemnity, jurisdiction, venue or other clauses herein, then those clauses do not apply to such entity, but only to the extent as required by applicable law. For the purpose of this provision, contractor/manufacturer is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, California 94103. Compliance with Laws; Export and Import. Each party will comply with all applicable foreign, federal, state, and local laws, rules and regulations. The Licensed Material is subject to U.S. export laws and may be subject to import and use laws of the country where it is delivered or used. You agree to abide by these laws. Under these laws, the Licensed Material may not be sold, leased, downloaded, moved, exported, re-exported, or transferred across borders without a license, or approval from the relevant government authority, to any country or to any foreign national restricted by these laws, including countries embargoed by the U.S. Government (currently Cuba, Iran, North Korea, Northern Sudan and Syria); or to any restricted or denied end-user including, but not limited to, any person or entity prohibited by the U.S. Office of Foreign Assets Control; or for any restricted end-use. You will maintain throughout the Term all rights and licenses that are required with respect to your Services. Warranty Disclaimer. THE LICENSED MATERIAL IS PROVIDED TO YOU “AS IS”, “WHERE IS”, WITH ALL FAULTS AND EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE LICENSED MATERIAL OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH LICENSED MATERIAL OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE). Indemnification. You shall defend Twitter against any and all actions, demands, claims and suits (including without limitation product liability claims), and indemnify and hold Twitter harmless from any and all liabilities, damages and costs (including without limitation reasonable attorneys’ fees) to the extent arising out of: (i) your use of the Licensed Material in any manner that is inconsistent with this Agreement; or (ii) the performance, promotion, sale or distribution of your Services. In the event Twitter seeks indemnification or defense from you under this provision, Twitter will promptly notify you in writing of the claim(s) brought against Twitter for which it seeks indemnification or defense. Twitter reserves the right, at its option and sole discretion, to assume full control of the defense of claims with legal counsel of its choice. You may not enter into any third party agreement, which would, in any manner whatsoever, affect the rights of Twitter, constitute an admission of fault by Twitter or bind Twitter in any manner, without the prior written consent of Twitter. In the event Twitter assumes control of the defense of such claim, Twitter shall not settle any such claim requiring payment from you without your prior written approval. Limitation of Liability. IN NO EVENT WILL TWITTER BE LIABLE TO YOU OR ANY END USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY CASE, TWITTER’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT WILL NOT EXCEED $50.00 USD. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Updates. Twitter may update or modify this Agreement, Developer Terms, and other terms and conditions, from time to time at its sole discretion by posting the changes on this site or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the Twitter API. If any change is unacceptable to you, your only recourse is to cease all use of the Licensed Material. Your continued access or use of the Licensed Material will constitute binding acceptance of the such updates and modifications. Miscellaneous. This Agreement constitutes the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications. Any modification to this Agreement must be in a writing signed by both you and Twitter, Inc. You may not assign any of the rights or obligations granted hereunder, in whole or in part, whether voluntarily or by operation of law, contract, merger (whether you are the surviving or disappearing entity), stock or asset sale, consolidation, dissolution, through government action or otherwise, except with the prior written consent of Twitter, Inc. Twitter, Inc. is authorized to sign modifications and consents on behalf of Twitter International Company, an Irish company responsible for the information of Twitter users who live outside the United States. Any attempted assignment in violation of this paragraph is null and void, and Twitter may terminate this Agreement. This Agreement does not create or imply any partnership, agency or joint venture. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to this Agreement will be brought exclusively in the federal or state courts of San Francisco County, California, USA, and you consent to personal jurisdiction in those courts. Despite the foregoing, you agree that money damages would be an inadequate remedy for Twitter in the event of a breach or threatened breach of a provision of this Agreement protecting Twitter’s intellectual property or Confidential Information, and that in the event of such a breach or threat, Twitter, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting Company from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated. No waiver by Twitter of any covenant or right under this Agreement will be effective unless memorialized in a writing duly authorized by Twitter. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. Developer Policy Effective: September 30, 2016. In addition to the Developer Agreement, this Developer Policy (“Policy”) provides rules and guidelines for developers who interact with Twitter’s ecosystem of applications, services, website, web pages and content (“Twitter Services”). Policy violations are also considered violations of the Developer Agreement. Take a look at the Definitions for the meaning of capitalized words used in this Policy. These policies may be changed from time to time without notice. Please check here for any updates. I. Guiding Principles A. A Few Key Points B. Maintain the Integrity of Twitter’s Products C. Respect Users’ Control and Privacy D. Clearly Identify Your Service E. Keep Twitter Spam Free F. Be a Good Partner to Twitter G. Avoid Replicating the Core Twitter Experience H. Engage in Appropriate Commercial Use II. Rules for Specific Twitter Services or Features A. Twitter Login B. Social Updates C. Twitter Identity D. Twitter Cards E. Twitter for Websites F. Definitions I. Guiding Principles A. A Few Key Points Keep any API keys or other access credentials private and use only as permitted. Respect our requirements on how to display and interact with users’ content. If your application will need more than 1 million user tokens, you must contact us about your Twitter API access, as you may be subject to additional terms. Twitter may monitor your use of the Twitter API to improve the Twitter Services, examine commercial use and ensure your compliance with this Policy. Remember, Twitter may suspend or revoke access to the Twitter API if we believe you are in violation of this Policy. Do not apply for or register additional API tokens if Twitter has suspended your account. Instead, contact us. B. Maintain the Integrity of Twitter’s Products Follow the Display Requirements and Twitter Rules. If your Service facilitates or induces users to violate the Twitter Rules, you must figure out how to prevent the abuse or Twitter may suspend or terminate your access to the Twitter API. We’ve provided guidance in our Abuse Prevention and Security help page. If your Service submits content to Twitter that includes a Twitter username, submit the correct Twitter username (“@username”). Promptly respond to Content changes reported through the Twitter API, such as deletions or the public/protected status of Tweets. Do not modify, translate or delete a portion of the Content. Maintain the features and functionality of Content and Twitter API. Do not interfere with, intercept, disrupt, filter, or disable any features of Twitter or the Twitter API, including the Content of embedded Tweets and embedded timelines. Only surface Twitter activity as it surfaced on Twitter. For example, your Service should execute the unlike and delete actions by removing all relevant Content, not by publicly displaying to other users that the Tweet is no longer liked or has been deleted. Do not exceed or circumvent limitations on access, calls, sharing, privacy settings, or use permitted in this Policy, or as otherwise set forth on the Developer Site, or communicated to you by Twitter. Do not remove or alter any proprietary notices or marks on Content or the Twitter API. Do not (and do not allow others to) aggregate, cache, or store location data and other geographic information contained in the Content, except as part of a Tweet. Any use of location data or geographic information on a standalone basis is prohibited. C. Respect Users’ Control and Privacy Get the user’s express consent before you do any of the following: Take any actions on a user’s behalf, including posting Content, following/unfollowing other users, modifying profile information, or adding hashtags or other data to the user’s Tweets. A user authenticating through your Service does not constitute user consent. Republish Content accessed by means other than via the Twitter API or other Twitter tools. Use a user’s Content to promote a commercial product or service, either on a commercial durable good or as part of an advertisement. Store non-public Content such as direct messages or other private or confidential information. Share or publish protected Content, private or confidential information. Do not (and do not permit others to) associate the Content with any person, household, device, browser, or other individual identifier, unless you or the entity on whose sole behalf you make such an association do so (a) with the express opt-in consent of the applicable individual; or (b) based solely on publicly available data and/or data provided directly by the applicable individual that the individual would reasonably expect to be used for that purpose. Take all reasonable efforts to do the following, provided that when requested by Twitter, you must promptly take such actions: Delete Content that Twitter reports as deleted or expired; Change treatment of Content that Twitter reports is subject to changed sharing options (e.g., become protected); and Modify Content that Twitter reports has been modified. If your Service allows users to post Content to Twitter, then, before publishing, show the user exactly what will be published, including whether any geotags will be added to the Content. If your Service allows users to post Content to your Service and Twitter, then, before publishing to the Service: Explain how you will use the Content; Obtain proper permission to use the Content; and Continue to use such Content in accordance with this Policy in connection with the Content. Display your Service’s privacy policy to users before download, installation or sign up of your application. Your privacy policy must be consistent with all applicable laws, and be no less protective of end users than Twitter’s Privacy Policy located at http://twitter.com/privacy. You must comply with your privacy policy, which must clearly disclose the information you collect from users, how you use and share that information (including with Twitter), and how users can contact you with inquiries and requests regarding their information. If for any reason you are unable to comply with your privacy policy or any privacy requirement of the Developer Agreement or Policy, you must promptly inform Twitter and take reasonable and appropriate steps to remedy any non-compliance, or cease your access to the Twitter API and use of all Twitter Content. If your Service uses cookies, disclose in your privacy policy: Whether third parties collect user information on your Service and across other websites or online services; Information about user options for cookie management and whether you honor the Do Not Track setting in supporting web browsers. If your Service adds location information to users’ Tweets: Disclose when you add location information, whether as a geotag or annotations data, and whether you add a place or specific coordinates. Comply with Geo Developers Guidelines if your application allows users to Tweet with their location. Do not store Twitter passwords. D. Clearly Identify Your Service Make sure users understand your identity and the source and purpose of your Service. For example: Don’t use a name or logo that falsely implies you or your company is related to another business or person. Don’t use a shortened URL for your Service that attempts to mask the destination site Don’t use a URL for your Service that directs users to a site that is unrelated to your Service a site that encourages users to violate the Twitter Rules a spam or malware site. Do not replicate, frame, or mirror the Twitter website or its design. E. Keep Twitter Spam Free Follow the Abuse and Spam rules here. Comply with the automation rules if your Service performs automatic actions. Do not do any of the following: Mass-register applications. Create tokens/applications to sell names, prevent others from using names, or other commercial use. Use third-party content feeds to update and maintain accounts under those third parties’ names. Name squat by submitting multiple applications with the same function under different names. Publish links to malicious content. Publish pornographic or obscene images to user profile images and background images. F. Be a Good Partner to Twitter Follow the guidelines for using Tweets in broadcast if you display Tweets offline. If you provide Content to third parties, including downloadable datasets of Content or an API that returns Content, you will only distribute or allow download of Tweet IDs and/or User IDs. You may, however, provide export via non-automated means (e.g., download of spreadsheets or PDF files, or use of a “save as” button) of up to 50,000 public Tweets and/or User Objects per user of your Service, per day. Any Content provided to third parties via non-automated file download remains subject to this Policy. Use and display Twitter Marks solely to identify Twitter as the source of Content. Comply with Twitter Brand Assets and Guidelines. Do not do any of the following: Use a single application API key for multiple use cases or multiple application API keys for the same use case. Charge a premium above your Service’s standard data and usage rates for access to Content via SMS or USSD. Sell or receive monetary or virtual compensation for Tweet actions or the placement of Tweet actions on your Service, such as, but not limited to follow, retweet, like, and reply. Do not use, access or analyze the Twitter API to monitor or measure the availability, performance, functionality, usage statistics or results of Twitter Services or for any other benchmarking or competitive purposes, including without limitation, monitoring or measuring: the responsiveness of Twitter Services; or aggregate Twitter user metrics such as total number of active users, accounts, user engagements or account engagements. Use Twitter Content, by itself or bundled with third party data, to target users with advertising outside of the Twitter platform, including without limitation on other advertising networks, via data brokers, or through any other advertising or monetization services. Use Twitter Marks, or Twitter Certified Products Program badges, or similar marks or names in a manner that creates a false sense of endorsement, sponsorship, or association with Twitter. Use the Twitter Verified Account badge, Verified Account status, or any other enhanced user categorization on Twitter Content other than that reported to you by Twitter through the API. G. Avoid Replicating the Core Twitter Experience Twitter discourages online services from replicating Twitter Service’s core user experience or features. The following rules apply solely to Services or applications that attempt to replicate Twitter’s core user experience: You must obtain our permission to have more than 100,000 user tokens, and you may be subject to additional terms. Use the Twitter API as provided by Twitter for functionalities in your Service that are substantially similar to a Twitter Service feature and present this to your users as the default option. Display a prominent link or button in your Service that directs new users to Twitter’s sign-up functionality. Do not do the following: Pay, or offer to pay, third parties for distribution. This includes offering compensation for downloads (other than transactional fees) or other mechanisms of traffic acquisition. Arrange for your Service to be pre-installed on any device, promoted as a "zero-rated" service, or marketed as part of a specialized data plan. Use Twitter Content or other data collected from users to create or maintain a separate status update or social network database or service. H. Engage in Appropriate Commercial Use Advertising Around Twitter Content You may advertise around and on sites that display Tweets, but you may not place any advertisements within the Twitter timeline on your Service other than Twitter Ads or advertisements made available through the official TwitterKit integration with MoPub. Access to MoPub ads through TwitterKit requires a MoPub supply account and is subject to MoPub terms of service & policies. Your advertisements cannot resemble or reasonably be confused by users as a Tweet. You may advertise in close proximity to the Twitter timeline (e.g., banner ads above or below timeline), but there must be a clear separation between Twitter content and your advertisements. Compensation When Content is the primary basis of an advertising or sponsorship sale you make, you must compensate Twitter, recoupable against any fees payment to Twitter for data licensing. Twitter reserves the right to serve advertising via Twitter APIs (“Twitter Ads”). If you decide to serve Twitter Ads once we start delivering them, we will share a portion of advertising revenue with you in accordance with the relevant terms and conditions. II. Rules for Specific Twitter Services or Features A. Twitter Login Present users with easy to find options to log into and out of Twitter, for example, via the OAuth protocol or Twitter Kit. Provide users without a Twitter account the opportunity to create a new Twitter account. Display the Connect with Twitter option at least as prominently as the most prominent of any other third party social networking sign-up or sign-in marks and branding appearing on your Service. B. Social Updates If you allow users to create social updates from your own social service or a third party social networking, micro-blogging, or status update provider integrated into your Service ("Update"), you must display a prominent option to publish that content to Twitter. If Updates are longer than 140 characters or not text, you must display a prominent link to publish that content to Twitter and: URLs must direct users to the page where that content is displayed. You may require users to sign in to access that page, but the content must not otherwise be restricted from being viewed. URLs must not direct users to interstitial or intermediate pages. C. Twitter Identity Once a user has authenticated via Connect with Twitter via your Service, you must clearly display the user’s Twitter identity via your Service. Twitter identity includes visible display of the user’s avatar, Twitter user name and the Twitter bird mark. Displays of the user’s followers on your Service must clearly show that the relationship is associated with the Twitter Service. D. Twitter Cards Develop your Card to have the same quality experience across all platforms where Cards are displayed. If your Service provides a logged-in experience, the experience prior to a user’s login must be of equivalent quality and user value. Mark your Card as ‘true’ for sensitive media if such media can be displayed. Use HTTPS for hosting all assets within your Card. For video and audio content: Default to ‘sound off’ for videos that automatically play content. Include stop or pause controls. Do not do any of the following: Exceed or circumvent Twitter’s limitations placed on any Cards, including the Card’s intended use. Attach the App Card to a user’s Tweet, unless the user is explicitly promoting or referring to the app in the Tweet. Place third-party sponsored content within Cards without Twitter’s prior approval. Include content or actions within your Card that are not contextually relevant to the user’s Tweet text and Tweet entities, such as URLs and media. Generate active mixed content browser warnings. Attach monetary incentives or transactions (including virtual currency) to activities that occur within the Card or on Twitter from your Card. Apply for Cards access for domains you do not manage to prevent others from registering or utilizing Cards on those domains. E. Twitter for Websites If you expect your embedded Tweets and embedded timelines to exceed 10 million daily impressions, you must contact us about your Twitter API access, as you may be subject to additional terms. If you use TFW widgets, you must ensure that an end user is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies or other information on the end user’s device where providing such information and obtaining such consent is required by law. If you operate a Service targeted to children under 13, you must opt out of tailoring Twitter in any Twitter for Websites button, embedded Tweet, or embedded timeline on your Service by setting the opt-out parameter to be true. F. Definitions Content ‒ Tweets, Tweet IDs, Twitter end user profile information, and any other data and information made available to you through the Twitter API or by any other means authorized by Twitter, and any copies and derivative works thereof. Developer Site ‒ Twitter’s developer site located at https://dev.twitter.com. Tweet ‒ A short-form and/or multimedia-based posting that is publicly displayed on Twitter Services. Tweet ID ‒ A unique identification number generated for each Tweet. Twitter API ‒ The Twitter Application Programming Interface (“API”), Software Development Kit (“SDK”) and/or the related documentation, data, code, and other materials provided by Twitter, as updated from time to time, including without limitation through the Developer Site. Twitter Marks ‒ The Twitter name, or logos that Twitter makes available to you, including via the Developer Site. Service - Your websites, applications and other offerings that display or otherwise use Content. User ID - Unique identification numbers generated for each User that do not contain any personally identifiable information such as Twitter usernames or users’ names. GNU Octave -- a high-level language for numerical computations. Copyright (C) 1996-2015 John W. Eaton Overview -------- GNU Octave is a high-level language, primarily intended for numerical computations. It provides a convenient command line interface for solving linear and nonlinear problems numerically. GNU Octave is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 3 of the License, or (at your option) any later version. GNU Octave is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the file COPYING for more details. Availability ------------ The latest released version of Octave is always available via anonymous ftp from ftp.gnu.org and its many mirror sites around the world. You may also find links to binary distributions at http://www.octave.org/download.html. The current development sources may be found on Savannah (http://savannah.gnu.org/projects/octave) under the Source Code tab. Installation ------------ Octave requires approximately 1.4 GB of disk storage to unpack and compile from source (significantly less, 400 MB, if you don't compile with debugging symbols). Once installed, Octave requires approximately 350 MB of disk space (again, considerably less, 70 MB, if you don't build shared libraries or the binaries and libraries do not include debugging symbols). To compile Octave, you will need a recent version of GNU Make. You will also need a recent version of g++ or another ANSI C++ compiler. You will also need a Fortran 77 compiler or f2c. If you use f2c, you will need a script like fort77 that works like a normal Fortran compiler by combining f2c with your C compiler in a single script. YOU MUST HAVE GNU MAKE TO COMPILE OCTAVE. Octave's Makefiles use features of GNU Make that are not present in other versions of make. GNU Make is very portable and easy to install. See the notes in the files INSTALL.OCTAVE and the system-specific README files in the etc directory of the Octave source distribution for more specific installation instructions. Bugs and Patches ---------------- The file BUGS explains the recommended procedure for reporting bugs or contributing patches. Documentation ------------- Octave's manual has been revised for version 3.4, but it is lagging a bit behind the development of the software. In particular, there is currently no complete documentation of the C++ class libraries. If you notice omissions or inconsistencies, please report them on the bug tracker at http://bugs.octave.org. Specific suggestions for ways to improve Octave and its documentation are always welcome. Reports with patches are even more welcome. Additional Information ---------------------- Up to date information about Octave is available on the WWW at the URL http://www.octave.org, including archives of the help, bug, and maintainers mailing lists. Last updated: Fri, 10 Jun 2011 14:02:32 EDT At MathWorks, we believe it is your right to know what information we collect, how we use it, and what your options are for its use. Below you can find details about: EU-U.S. Privacy Shield and Swiss/U.S. Safe Harbor information How we use and collect your information How we protect your order information How to remove or update your order information How your information submitted to MATLAB Central may be used How we collect information through products How long we store your information 1. EU-U.S. Privacy Shield and Swiss/U.S. Safe Harbor information A. EU-U.S. Privacy Shield information MathWorks complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. MathWorks has certified that it adheres to the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement, and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/ (https://www.privacyshield.gov/). In compliance with the EU-U.S. Privacy Shield Principles, MathWorks commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact the MathWorks Legal Services Group at dataprivacy@mathworks.com or by mail to the following address: Head of Customer Service, MathWorks, 1 Apple Hill Drive, Natick, MA, 01760. MathWorks has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ (http://www.bbb.org/EU-privacy-shield/for-eu-consumers/) for more information and to file a complaint. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a privacy shield panel. MathWorks is also subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). B. U.S.-Swiss Safe Harbor information MathWorks complies with the U.S.-Swiss Safe Harbor Framework. as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from Switzerland. MathWorks has certified that it adheres to the Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access, and Enforcement. If there is any conflict between the policies in this privacy policy and the Safe Harbor Privacy Principles, the Safe Harbor Privacy Principles shall govern. To learn more about the U.S.-Swiss Safe Harbor and to view our certification page, please visit http://www.export.gov/safeharbor/ (http://www.export.gov/safeharbor/) In compliance with the U.S.-Swiss Safe Harbor Principles, MathWorks commits to resolve complaints about your privacy and our collection or use of your personal information. Swiss citizens with inquiries or complaints regarding this privacy policy should first contact MathWorks at mailto:dataprivacy@mathworks.com or by mail to the following address: Head of Customer Service, MathWorks, 1 Apple Hill Drive, Natick, MA, 01760. MathWorks has further committed to refer unresolved privacy complaints under the U.S.-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/us/safe-harbor-complaints (http://www.bbb.org/us/safe-harbor-complaints) for more information and to file a complaint. 2. How we use and collect your information When you access and use MathWorks products and services, MathWorks may collect certain types of personal information, including your name, company affiliation, mailing address, email address, and credit card number. We will not sell or rent your personal contact information to other companies. We will not disclose your personal contact information to other companies, except in the limited manner and for the limited purposes described below. The MathWorks Web site has several forms and additional collection methods that request contact, payment, and other information (https://www.mathworks.com/company/aboutus/policies_statements/includes/popup_privacypolicy.html). Providing such information is optional, but you may be unable to complete certain transactions, obtain certain services, or access certain features of the MathWorks Web site or software without providing the requested information. MathWorks uses the personal information it collects for the following purposes: To send promotional material about our company, products, services, and events and, in some cases, on behalf of related third-party products, services, and events. You may choose not to receive this additional information. (See "How to remove or update your information," below.) To process and ship orders that you place with us, and to provide you with documentation or other material in support of your order. To manage licenses within MathWorks. To provide any communication or material necessary to respond to an order for a product or service, a request for support or information, or an application for a seminar, trade show, or other event. To solicit optional feedback in the form of surveys measuring customer satisfaction with MathWorks products, services, and events. To notify you of new products, updates, or other information related to your purchases or information requests. To enable delivery of consulting or training services and participation in seminars, trade shows, or other events. To comply with obligations imposed by applicable laws or regulations, or with a court or administrative order. We may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. To provide important information regarding the renewal of agreements, version upgrades, and other alterations related to Company products and services used by customers. MathWorks may employ subsidiaries, partners, service providers, authorized distributors, and other third parties in order to fulfill the purposes described above. These entities may be located throughout the world. MathWorks may also release current or past user information to third parties for limited purposes in the event MathWorks believes that usage is (i) in violation of the terms and conditions of use of the MathWorks Web site and/or (ii) associated with the commission of unlawful acts. MathWorks may also disclose aggregate information to third parties. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-U.S. Privacy Shield, MathWorks is potentially liable. IP addresses and cookies. We use your IP address to administer our Web site and, occasionally, to help diagnose problems with our server. We may use data collected in Web server log files, JavaScript code, and cookies to analyze visitors’ behavior to better understand their needs. When you visit the MathWorks Web site and access “My Account” applications, one or more cookies may be placed on (or read from) your machine if your browser is set to accept cookies. A cookie is a small data file that we transfer to your computer’s hard drive through your Web browser. These cookies do not store any personal information on your hard drive; they consist of a simple code that is used to access your account information, maintain current session data, gather broad demographic information, and help analyze Web site traffic. MathWorks may use such non-personal information for a variety of purposes including, but not limited to, market research and improving the content of our Web site. Although Web browsers typically allow cookies by default, you may choose not to receive cookies by modifying the settings of your Web browser to disable cookies. If you choose to decline cookies, you may not be able to take advantage of all of the features of this Web site or other Web sites you visit. MathWorks engages a third-party Web traffic analysis company to log aggregate information coming through our Web site on our behalf. MathWorks controls how that data may and may not be used. When you visit our Web site, the third-party Web traffic analysis company may use technical tracking methods such as cookies that will be listed under the domain 2o7.net, and Web beacons, on our behalf, and may receive anonymous information about your browsing on our Web site. These technical tracking methods are not used to relate Web site visitors to any personally identifiable information. Information collected by MathWorks is unique to individual visitors but is not personally identifiable to the third-party Web traffic analysis company. Such information provided to MathWorks may be re-associated by MathWorks with previously collected information for internal purposes only, including but not limited to providing visitors with relevant content. We may also use these technical tracking methods in e-mails to determine whether the recipients have opened such e-mails, clicked on links contained in those e-mails, and continued to browse our Web site. No personally identifiable information, such as your name, street address, or e-mail address, is shared with the third-party Web traffic analysis company. We allow third-party companies, including a third-party social bookmarking service, to collect certain anonymous information when you visit our Web site and share or bookmark content. 3. How we protect your order information MathWorks Store (https://www.mathworks.com/store/) has security measures in place to protect the order information under our control against loss, misuse, destruction, and alteration. We use industry-standard security measures called SSL encryption. Encryption helps protect your credit card number and personal information by scrambling the data in transit to the MathWorks Store. We encrypt every order. If you would prefer to give your information by phone, you may call 508-647-7000. 4. How to remove or update your information MathWorks sends many types of e-mail including electronic newsletters (MathWorks News & Notes and MATLAB® Digest), and event announcements. You may choose not to receive these types of correspondence. You can remove your name from e-mail lists: E-mail list removal form (https://go2.mathworks.com/preference-center) Note: If you are a licensed customer, you will continue to receive operational correspondence, such as e-mail notification of new releases and maintenance renewal notifications. Correct/update your contact information: MathWorks acknowledges that you have the right to access your personal information. You also have the choice to opt-out of use of your personal information for any purpose other than the purpose for which the data was collected or which you have subsequently authorized. If you wish to access or limit use or disclosure of your personal information, please contact us via email at service@mathworks.com or phone at 508-647-7000. MathWorks is committed to keeping your information as accurate as possible, in order to provide the best service to you. If you have a MathWorks Account (https://www.mathworks.com/accesslogin/), you may make the necessary changes to your information online. If you do not have an account, please contact us via e-mail at service@mathworks.com or phone at 508-647-7000. 5. How your information submitted to MATLAB® Central may be used The MATLAB® Central (https://www.mathworks.com/matlabcentral/) portion of MathWorks Web site requests information of contest participants and users contributing files and products to the File Exchange area. MATLAB Central also contains access to the comp.soft-sys.matlab newsgroup. Be advised that any content you submit to MATLAB Central, including personal information and postings to the comp.soft-sys.matlab newsgroup, is not subject to the protections that may be afforded information collected under other sections of the MathWorks Web site. The content you submit will be accessible from any part of the world via Web technology, and any information your submissions contain may be used by MathWorks and the public, both within and outside the country from which you posted. 6. How we collect information through products To enable you to use our products, we may request or collect information such as your name, e-mail address, physical location, phone number, title, company name, and/or system login name. Such information may be used to activate, register, or update your product or license. This allows us to understand your requirements; to ensure safe, secure, and effective licensing of our products; and to provide you with information that you may need for support in the future. MathWorks will use information provided or collected only in ways consistent with this Privacy Policy. MathWorks may also collect usage and device data through MATLAB Mobile, such as the type of operating system running on your device or the number of times that you access MATLAB Mobile. This data is not personally identifiable and will not be associated with your personal information. It is collected solely for the purpose of MathWorks’ internal analytics, and is not shared with third parties. 7. How long we store your information We may keep your information for as long as your account is active or as needed to provide you services. We may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, prevent fraud and abuse, and enforce our agreements. Changes to the Privacy Policy MathWorks may make improvements or changes in the information, services, products, and other materials on the MathWorks Web site at any time without notice. MathWorks may modify this Privacy Policy at any time, and such modifications shall be effective immediately upon posting of the modified Privacy Policy. Notification of material changes to this Privacy Policy will be provided by noting a new "updated" date in connection with the Privacy Policy link that appears at the bottom of each page. If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, please contact us (https://www.mathworks.com/company/feedback/). Updated September 23, 2016 Cairns Airport Free Wifi End User License Agreement End User Licence Agreement Important notice This end-user licence agreement (EULA) and the Privacy Policy (Privacy Policy) (together the Terms and Conditions) constitute the legal agreement between you (You or Your) and Purple WiFi Limited (We, Us or Our)) relating to the provision by Us to You of a wireless internet access service (the Service) to be used by You at any venue where the Service is available (a Purple Venue). Please read this EULA and the Privacy Policy carefully. If You do not accept the Terms and Conditions We will not permit access to the Service and the joining process will immediately terminate. By joining and using the Service You agree to be legally bound by the Terms and Conditions. Agreed terms Acknowledgements and consents You acknowledge that the Terms and Conditions (as may be amended from time to time) apply to the use of the Service (including any future updates to it) by You. You acknowledge and accept that We may change the Terms and Conditions at any time. All changes (if any) will be communicated to You through a link on the log-in page for the Service. You will be required to read and accept any such changes to continue using the Service. You must have obtained the permission of the owner of any computer, tablet, mobile telephone, smart phone or other electronic device (Device) which You use to access the Service (and which is not owned by You) to use the Service. By accepting the Terms and Conditions You accept responsibility for the use of the Service on any Device whether or not you own it. You accept that You may be charged by Your service provider for internet access through the Device. You acknowledge and agree that internet transmissions are never completely private or secure and that any information which You send by using the Service may be read or intercepted by another party even if there is a special notice that a particular transmission is encrypted. You consent to Us collecting and using technical information about Your Device (and any related software, hardware and peripherals) to evaluate, improve or refine the Service in accordance with the Privacy Policy. You consent to the transmission, collection, processing, maintenance and use by Us (and Our licensees) of any location data sent from the Device to evaluate, improve or refine the Service in accordance with the Privacy Policy. You acknowledge that the internet is separate from the Service and that websites accessed by You via the Service are not under the control of Us and that We are not responsible for and do not endorse their content or privacy policies (if any). You undertake that You will use Your own judgement regarding any interaction with any such website including the purchase of any products or services accessible through them. You acknowledge and agree that all intellectual property rights in the Service (and its underlying technology) belong to Us (or Our licensors) and that You have no rights in or to the Service other than the non-exclusive and non-transferrable right to use it in accordance with the Terms and Conditions. Provision of the Service In consideration of You accepting the Terms and Conditions, We agree to provide the Service to You until such time as We cease provision of the Service to You. You may stop using and We may stop providing the Service at any time. Acceptable use You agree that You will use the Service in accordance with the Terms and Conditions and that You will not (and will procure that any person using Your Device does not) use the Service for any commercial, unlawful, immoral or malicious purpose, nor will You (nor any person using Your Device) in the course of using the Service: introduce any code, virus or data which is harmful to the Service or any operating system; or transmit, store, publish or upload any electronic material which is likely to cause damage or limit the functionality of any telecommunications equipment or any computer software or hardware; or infringe any intellectual property right belonging to Us or any other party; or send, receive, publish, distribute, transmit, upload or download any material which is offensive, abusive, defamatory, indecent, obscene, unlawful; or otherwise objectionable; or invade the privacy of or cause annoyance or anxiety to or send any unsolicited correspondence to any other person. Limitations and exclusions The Service is provided to You on an 'as is' and 'as available' basis and therefore all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Terms and Conditions. Save as provided in clause 4(iv), We shall not be liable to You for any losses (whether direct, indirect or consequential) caused by failures, errors, delays or interruptions of, in or to the Service. Save as provided in clause 4(iv), We shall have no liability to You if any third party gains access to Your connection to the Service or Your Device or destroys or damages any data or information held by You or information about You which is held by Us. Nothing in the Terms and Conditions shall limit or exclude Our liability for (a) death or personal injury resulting from Our negligence, (b) fraud or fraudulent misrepresentation or (c) any other liability that cannot be excluded by law. General The Terms and Conditions constitute the entire agreement between You and Us as to the provision of the Service and they (and any dispute or claims arising from them) are irrespective of the location from which the Service is accessed, governed by and shall be construed in accordance with the laws of England and Wales with the English courts having exclusive jurisdiction to settle any dispute or claim arising out of or in connection with them. Any notice to be given by Us to You may be given by post or email to any postal or email address given by You. Any notice to be given by You to Us may be given by post to Customer Services, Purple WiFi Limited, 1 Henry Square, 221 Old Street, Ashton Under Lyne OL6 7SR or by email to support@purplewifi.com. version 5.0 Cairns Airport Free Wifi Privacy Policy Privacy Policy Important notice This Privacy Policy and End User Licence Agreement (EULA) (together the Terms and Conditions) constitute the legal agreement between you (You or Your) and Purple WiFi Limited (We, Us or Our)) relating to the provision by Us to You of a wireless internet access service (the Service). Please read this Privacy Policy and the EULA carefully. If You do not accept the Terms and Conditions We will not permit access to the Service and the joining process will immediately terminate. By joining and using the Service You agree to be legally bound by the Terms and Conditions. This Privacy Policy sets out the basis on which any personal data which We collect from You, or that You provide to Us, will be processed by Us. If You do not accept that Your personal data will be collected, stored, held and used in accordance with this Privacy Policy then You should not accept the Terms and Conditions. If You are aged 16 or under, You will need the permission of Your parent or guardian before providing Us with any of Your personal data. Please remember that the internet is not a secure medium and be aware that communications over the internet such as emails and webmails are not secure unless they have been encrypted. Any communications which You make via the Service may be routed through a number of countries prior to reaching their intended recipient. Agreed terms: For the purpose of the Data Protection Act 1998 (Act), the data controller is Purple WiFi Limited of 1 Henry Square, 221 Old Street, Ashton Under Lyne, OL6 7SR. Our company number is 6444980. Data that we may collect from you We will collect and process any and all of the following data about You: any log in information which You provide, all information taken by Us from the social media account (e.g. Twitter, Facebook etc.) through which You access the Service (subject to Your privacy settings) and any information We receive about You when You enter a competition or promotion or when You report a problem with the Service (Submitted Information); any correspondence between You and Us, Your responses to any surveys that We ask You to complete for research purposes, details of any transactions which You carry out through the Service, Your browsing history and details of Your use of the Service including (without limitation) location data, weblogs and other communication data and resources accessed by You (Additional Information); any information which We collect about the computer, tablet, mobile telephone, smart phone or other electronic device used to access the Service (Device) including (where available) the unique device identifiers, operating system, browser type, mobile network information and telephone number (if applicable) of the Device (Device Information); any information which We collect about Your actual location and data collected by Us for WiFi enabled Devices present at a location by means of relative signal strength from WiFi access points from which an X/Y coordinate is calculated (Location Information); any data collected by Us when Your Device is used to access the Service including (without limitation) internet protocol addresses, internet service providers, clickstream data, browser type, language, viewed and exit pages and date and time stamps (Log Information). Cookies To allow Us to continually monitor and improve the standard of the Service, the Service uses cookies in order to distinguish You from other users. For more detailed information on the cookies used by Us and the purposes for which We use them, please utilise the link on the log in page. Storage and retention of your data All Submitted Information, Additional Information, Device Information, Location Information and Log Information that We collect from You (Your Data) is stored by Us on Our secure regional specific servers. Your Data may also be transferred to and stored at a location which is outside the region. Your Data may be processed by staff who are located outside the region who work for Us or one of Our suppliers either in the provision of the Service or the provision of support services. We will take all reasonable steps to ensure that Your Data is collected, transferred and stored securely and in accordance with this Privacy Policy. Use of your data We may use Your Data in any or all of the following ways: to give You information regarding goods and services available at or near the venue at which You are using the Service; to give to the owner or sponsor of the venue at which You are using the Service to enable such owner or sponsor to see how and by whom such venue is being used and to communicate with You directly for marketing purposes; to collate and aggregate information to Our advertisers, sponsors or selected third parties for consumer analysis; to associate Submitted Information and/or Additional Information and/or Device Information and/or Location Information and/or Log Information to enable analysis by Us and the owner or sponsor of the venue at which You are using the Service as to how people move around such venue - in such circumstances, the MAC address of Your Device is masked to prevent linking data to other sources; to provide You with information about goods and services which may be of interest to You or to pass to selected third parties for the purpose of doing so - in such circumstances You will only be contacted by electronic means. Disclosure We may disclose Your Data to: any member of Our group (meaning Our subsidiaries, any holding company of Us and any other subsidiary of Our holding company (each as defined in section 1159 Companies Act 2006)); any person in accordance with clause 4; any person who acquires or proposes to acquire a material part of Our business, assets and/or undertaking; any person or governmental or regulatory authority where We are under a legal or regulatory obligation to do so; any person in order to apply or enforce the Terms and Conditions or to protect Our rights, property or safety or the rights, property or safety of any of Our customers or employees; any person where We believe that someone's safety is at risk; any person for the purposes of fraud protection and/or credit risk evaluation and/or reduction. We do not disclose information about identifiable individuals to Our advertisers but We may provide them with aggregated information which We have gleaned from Your Data and other data held by Us as regards genders, age groups and other demographic analysis. We may use such aggregated information to assist Our advertisers and sponsors to reach their target audiences. We may make use of Your Data to enable Us or Our sponsors and/or advertisers to suitably target any advertisement or promotion. Your consent By accepting the Terms and Conditions You give Your express consent to: our use of Your Data in any and all of the ways detailed in clause 4; our disclosure of Your Data in any and all of the ways detailed in clause 5.1; being contacted by Us, any of Our advertisers, sponsors, selected third parties and/or any owner or sponsor of any venue at which You use the Service about goods or services which We think may be of interest to You by means of email and/or SMS (text) messages. Third party sites The Service may, from time to time, contain links to and from third party websites. You should note that if You follow a link to any such website, the operator of such website will have its own privacy policy which may not be comparable to this Privacy Policy. We do not accept any responsibility or liability for any such website or for any of Your personal data which is collected through them. You should check the relevant privacy policy and satisfy yourself as to its suitability and the safety of Your personal data before You submit any of Your personal data. General The Act gives You the right to access information held about You. Your right of access can be exercised in accordance with the Act. Any such access request will be subject to an administration fee of £10 or currency equivalent to meet some of the costs of Us providing such information to You. We may change this Privacy Policy from time to time. All changes (if any) will be communicated to You and You will be required to read and accept any such changes to continue using the Service. We are committed to the need for transparent privacy policies in the field of mobile location analytics and to the Future of Privacy Forum Mobile Location Analytics Code of Conduct. We undertake to comply in all respects with the Act. The Terms and Conditions are governed by and shall be construed in accordance with the laws of England and Wales. We do not undertake that compliance with the Act constitutes compliance with all applicable laws relating to data protection in any jurisdiction other than England and Wales and, to the extent that We do not comply with any law relating to data protection in any jurisdiction other than England and Wales, You, by accepting the Terms and Conditions, irrevocably waive any such non-compliance Any notice to be given by Us to You may be given by post or email to any postal or email address given by You. Any notice to be given by You to Us may be given by post to Customer Services, Purple WiFi Limited, 1 Henry Square, 221 Old Street, Ashton Under Lyne OL6 7SR or by email to support@purplewifi.com. Version 5.0 Cairns Airport Free Wifi Terms and Conditions This complimentary Wi-Fi is for public passenger use only, and is not to be used for Commercial or Business use. Airport staff are specifically excluded from using this service. The MathWorks, Inc. Software License Agreement IMPORTANT NOTICE READ THE TERMS AND CONDITIONS OF YOUR LICENSE AGREEMENT CAREFULLY BEFORE COPYING, INSTALLING, OR USING THE PROGRAMS OR DOCUMENTATION. THE LICENSE AGREEMENT TOGETHER WITH ANY APPLICABLE ADDENDUM REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU (THE "LICENSEE") AND THE MATHWORKS, INC. ("MATHWORKS") CONCERNING THE PROGRAM(S) AND DOCUMENTATION. BY COPYING, INSTALLING, OR USING THE PROGRAMS AND DOCUMENTATION, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO DO SO, DO NOT COPY, INSTALL, OR USE THE PROGRAMS AND DOCUMENTATION. _________________________________________________________________ The MathWorks, Inc. Software License Agreement Installation and Use Addendum (if applicable) Academic Installation and Use Addendum (if applicable) Student License and Home License Installation and Use Addendum (if applicable) Deployment Addendum The MathWorks, Inc. Software License Agreement 1. DEFINITIONS. 1.1. "Licensee" means you, whether an individual or an entity, to whom MathWorks grants the License, and who is responsible for complying with the contractual obligations of the License, and ensuring that anyone permitted access to the Programs also complies with such obligations. 1.2. "Affiliate" means a legal entity which is controlled by, or controls, or is under common control with Licensee. Control means (i) beneficial ownership of at least fifty percent (50%) of the voting securities of a corporation or other business organization with voting securities, or (ii) a fifty percent (50%) or greater interest in the profits and capital of a partnership or other business organization without voting securities, provided that no other individual or entity other than the Licensee also has an equal fifty percent (50%) ownership or interest in the legal entity. Notwithstanding the foregoing, unless MathWorks provides its express written consent to treat the entity as an Affiliate, an Affiliate shall not include any entity that MathWorks has expressly refused to license (or grant access under a license to) its software products or that had a license for MathWorks software products that MathWorks expressly terminated. 1.3. "Application" shall have the meaning ascribed to it in Section 4.1 of the Deployment Addendum anywhere the term is used in the upper case in this Agreement. 1.4. "Computer" means either (i) a single physical hardware system containing a single motherboard running an operating system, or (ii) a virtual machine running an operating system. 1.5. "Documentation" means the user guides, if any, accompanying delivery of a Program on DVD or made available at mathworks.com/help, as may be updated from time to time, including the bug reports made available at mathworks.com/support/bugreports. Documentation may be delivered in any medium or language. 1.6. "Internal Operations" means the use of a Program by employees, consultants, student interns, and software administration contractors of Licensee or an Affiliate on behalf of the Licensee or Affiliate. 1.7. "Licensed User" means an individual authorized by MathWorks or the Licensee to use the Programs for Licensee's Internal Operations, to the extent permitted by the License Option acquired. 1.8. "License Manager" means the FlexNet license management software, or the MathWorks Hosted License Manager ("MHLM"), provided with the Program(s). 1.9. "License Option" means the specific rights, restrictions, and obligations under which Licensee may install and use a Program pursuant to this Agreement, as described in the applicable Installation and Use Addendum, and including restrictions associated with the License being an "Annual License," "Term License," "Perpetual License," "Student License," "Home License" or "Certain MATLAB Distributed Computing Server ("MDCS") Uses," as described under Article 10 of this Agreement. 1.10. "Licensor" means the person who, or entity which, grants a license to MathWorks to redistribute that person's or entity's intellectual property. 1.11. "Perpetual License" means the right to use the License indefinitely provided that the Licensee always remains in compliance with the terms of this Agreement. 1.12. "Program" means the software licensed hereunder, including Documentation, enhancements and error corrections. Each product licensed hereunder is a separate Program. 1.13. "Third Party" means any person or legal entity that is not MathWorks, the Licensee, or an Affiliate. 1.14. "Third Party Software" means the software referenced in Article 8 of this Agreement. 2. ACCEPTANCE AND REFUNDS. If Licensee does not accept the terms and conditions of this License and any applicable Addendum, or if Licensee terminates this License, for any reason, within thirty (30) days of Program delivery (the "Acceptance Period"), then Licensee shall immediately return the Programs licensed hereunder to MathWorks or the authorized distributor from whom Licensee acquired the Programs and, if returned within the Acceptance Period, shall receive a full refund. By retaining a Program throughout the Acceptance Period, Licensee accepts the applicable rights, and agrees to be bound by the applicable obligations and restrictions, of this Agreement including the License Option acquired with respect to that Program. 3. PROGRAM TRIAL EVALUATION. Licensee agrees to use any Program provided to Licensee as a trial or evaluation only for the period of the trial evaluation which may be controlled by a license key code, only to evaluate it individually for potential purchase of a license to the Program as an end-user, to conduct no business with it, and to remove it and all result files produced from any of Licensee's computers at the end of the trial or evaluation period and to comply with all other obligations and restrictions in this Agreement. 4. LICENSE GRANT. The MathWorks Programs are licensed, not sold. MathWorks hereby grants to Licensee, subject to the terms of this Agreement, a nonexclusive license (the "License") to: 4.1. install and use the Programs solely on Computers controlled by Licensee, in accordance with the License Option acquired as provided in the relevant Installation and Use Addendum, and solely for Internal Operations; 4.2. provide access to online Documentation on Licensee's intranet, provided it is not accessible over the open Internet; 4.3. print portions of the online Documentation for reasonable use by Licensed Users; and 4.4. use the Programs as expressly set forth in the Deployment Addendum. 5. LICENSE RESTRICTIONS. The License is subject to the express restrictions set forth below and any other restrictions set forth in any signed agreement between MathWorks and Licensee. Licensee shall not, and shall not cause or permit any Affiliate or any Third Party to, directly or indirectly: 5.1. modify or create any derivative work of, a Program or any part of a Program, except as expressly permitted in Article 8 of this Agreement and in the Deployment Addendum. Notwithstanding anything to the contrary contained herein, any such permitted modifications must be consistent with all other terms of this Agreement; 5.2. use a Program or any part of a Program, for any act which infringes copyright of a Program including developing, producing, or testing a computer program containing a feature or functionality that is substantially similar in its expression to the expression contained in a Program or any part of a Program; 5.3. adapt, translate, copy, or convert all or any part of a Program in order to create software, a principal purpose of which is to perform the same or similar functions to a Program or to replace a Program or any component of a Program; 5.4. rent, lease, or loan the Programs; use the Programs for supporting Third Parties' use of the Programs, time share the Programs, or provide service bureau or similar service use; 5.5. disassemble, decompile, reverse engineer a Program, or any portion thereof, or attempt to gain access to its method of operation or source code; 5.6. sell, license, sublicense, provide access, publish, display, distribute, disseminate, assign, or otherwise transfer (whether by sale, exchange, lease, gift, or otherwise) to a Third Party the Programs, any copy or portion thereof, or any License or other rights thereto, in whole or in part, without MathWorks' prior written consent, except as expressly permitted in the Deployment Addendum; 5.7. alter, remove, or obscure any copyright, trade secret, patent, trademark, logo, proprietary and/or other legal notices on or in copies of the Programs; 5.8. use MathWorks' name, trade names, logos, or other trademarks of MathWorks or any of its Affiliates or Licensors in any advertising, promotional literature or any other material, whether in written, electronic, or other form, distributed to any Third Party, except in the form provided by MathWorks, and then solely for purposes of identifying MathWorks' Programs; 5.9. provide access (directly or indirectly) to the Programs via a web or network Application, except as permitted in Article 8 of the Deployment Addendum; 5.10. copy, make available for copy, or otherwise reproduce the Programs, in whole or in part, except either (a) as may be required for their installation for the purpose of executing the Program in accordance with the License Option, (b) as expressly permitted in the Deployment Addendum, or (c) to make a reasonable number of copies solely for back-up purposes provided that any such permitted copies shall reproduce all copyright, trade secret, patent, logo, proprietary and/or other legal notices contained in the original copy obtained from MathWorks; 5.11. access or use Programs that Licensee is not currently licensed to access or to use; 5.12. allow the Programs to be accessed or used by a Third Party except as specifically provided in this Agreement; 5.13. disclose or transfer the activation key, login credentials, and/or license file to a Third Party, or allow them to be used by a Third Party except as provided herein; 5.14. republish the Documentation, except as expressly permitted in Article 4 of this Agreement; 5.15. create a server for code generation or deployment Applications for any of the MATLAB Compiler, MATLAB Compiler SDK, MATLAB Coder, Filter Design HDL Coder, Simulink Coder, HDL Coder, Simulink PLC Coder, Embedded Coder, Simulink Design Verifier, Simulink Verification and Validation, Simulink Code Inspector, MATLAB Report Generator, and Simulink Report Generator Programs; 5.16. disable or circumvent any technical limitations in the Programs or disregard other limitations as set forth in mathworks.com/ineligible_programs including those limitations that prevent certain Programs or Program components from being compiled, distributed, called from a web application, or used with the MATLAB Distributed Computing Server, as the case may be. Licensee agrees not to work around these limitations; 5.17. access, enable access to, modify, translate, or deploy temporary intermediate files produced by a Program; 5.18. make any use of the License on behalf of or for the benefit of a Third Party or an Affiliate in any manner that would constitute a violation of this License if such use were directly made by the Third Party or the Affiliate or cause any Third Party or Affiliate to make any use of the License on behalf of or for the benefit of Licensee or an Affiliate in any manner that would constitute a violation of this License if such use were directly made by Licensee or Affiliate; 5.19. acquire the License if a principal purpose of the acquisition is to transfer or assign the License to a Third Party unless expressly permitted by MathWorks; 5.20. mechanize or automate the process of checking out or in license keys for one or more Programs, including by running a second session of a Program, running a Program to serve multiple users, or rebooting the License Manager, for a principal purpose of minimizing the License check out time of any Programs, or otherwise circumventing the intended License Manager operation; 5.21. use a License Manager other than the one which was provided with the most recent version of the Programs Licensee is using; 5.22. take any action that requires any portion of the Programs to be made subject to end-user rights incompatible or inconsistent with the restrictions set forth in this Agreement; and/or 5.23. with respect to a complimentary License that is awarded by MathWorks for student and similar competitions, course support, research, fellowship participation, and teaching assistance, contravene any additional restrictions set forth in the award letter provided to Licensee. 6. ADDITIONAL FEES. The fees for the License are determined based upon the country where all Licensed User(s) are principally located. Additional fees may apply to a transfer of the License, or the principal location of any Licensed User, to another country, or to contract for global use. MathWorks may restrict a transfer of a License to another country or restrict its use in another country if MathWorks reasonably believes that such transfer or use will result in a breach of this Agreement. 7. RETENTION OF RIGHT, TITLE AND INTEREST BY MATHWORKS AND ITS LICENSORS. The Programs shall at all times remain the property of MathWorks and/or MathWorks' Licensors and Licensee shall have no right, title, or interest therein, except as expressly set forth in this Agreement. Licensee shall take appropriate action by instruction, agreement, or otherwise with any persons permitted access to the Programs, so as to enable Licensee to satisfy its obligations under the terms of this Agreement, including disabling access to the Programs, in the event of a transfer of the License. 8. LICENSES FOR THIRD PARTY SOFTWARE, SERVICES, AND DATA. MathWorks has been granted licenses to distribute certain Third Party Software as part of or included with the Programs licensed. These licenses require MathWorks to distribute the software to Licensee subject to specific terms and conditions, which may provide rights and impose restrictions for use of the Programs, including deployment of Applications, that are different from or additional to those contained herein. Should such Third Party Software be provided under the Lesser General Public License, Licensee may make modifications of the work identified in Section 6 of the Lesser General Public License for Licensee's own use and reverse engineering for debugging such modifications. Licensee agrees that acceptance of this Agreement also confirms Licensee's acceptance of any applicable Third Party Software licenses. Such Third Party licenses may be viewed at mathworks.com/thirdpartylicenseagreementsR2016b. Certain MathWorks Programs may also provide an interface to facilitate Licensee's use of Third Party services and data governed by the terms and conditions set forth in such Third Party's applicable agreements with Licensee. This Agreement does not grant any additional rights to access or use such Third Party services or data made accessible through the use of MathWorks Programs. 9. SOFTWARE MAINTENANCE SERVICE. During any paid Software Maintenance Service term, if applicable, MathWorks shall provide its customary Software Maintenance Service for the licensed Programs which consists of: delivering subsequent releases of the Programs, if any, that are not charged for separately; exerting reasonable efforts to both (a) provide, within a reasonable time, workarounds for any material programming errors in the current release of the Programs that are directly attributable to MathWorks, and (b) correct such errors in the next available release, provided Licensee provides MathWorks with sufficient information to identify the errors. During this same paid Software Maintenance Service term, Licensee shall also be entitled to receive technical support for the current release. Technical support means assistance by telephone, web, and e-mail with the installation and/or use of the then-current release of the licensed Programs, including all available bug fixes and patches, and their interaction with supported hardware and operating systems ("Platforms"). Software Maintenance Service may provide access to certain online features and services made available by MathWorks from time to time. Licensee understands and agrees that access to such online capabilities shall expire unless Licensee renews its Software Maintenance Service. MathWorks reserves the option to discontinue, in whole or in part, and at any time, offering Software Maintenance Service and/or technical support for any Program, feature of a Program, or Platform or to refuse to provide Software Maintenance Service to a Licensee whom it reasonably believes is in breach of this Agreement. 10. LICENSE DURATION ("TERM"). This Agreement shall continue until the earlier of (a) termination by MathWorks or Licensee as provided below, or (b) such time as there are no Programs being licensed to Licensee hereunder. 10.1. For Annual Licenses: Licensee understands and agrees that each Annual License and associated Software Maintenance Service will expire automatically and the Programs will stop operating promptly after its corresponding one (1) year period, unless Licensee renews its License by remitting the then-current annual License fee and provided the Licensee always remains in compliance with the terms of this Agreement. 10.2. For Term Licenses: Licensee understands and agrees that each Term License and associated Software Maintenance Service will expire automatically and the Programs will stop operating promptly after the corresponding period of the term licensed, unless Licensee renews its License by remitting the then-current term License fee and provided the Licensee always remains in compliance with the terms of this Agreement. 10.3. For Perpetual Licenses: Licensee shall have the right to use the Programs indefinitely, subject to the termination provisions in this Agreement. Licensee understands and agrees that the Software Maintenance Service for each Perpetual License will terminate automatically upon expiration of the initial Software Maintenance Service term included with the acquisition of the License. Thereafter, the Software Maintenance Service term may be renewed for any Program, at the then-current price, and for the then-applicable term, as long as MathWorks offers such Software Maintenance Service for such Program and provided the Licensee always remains in compliance with the terms of this Agreement. 10.4. For Student Licenses and Home Licenses: See the Student License and Home License Installation and Use Addendum for the License Term. 10.5. For Certain MDCS Uses: Licensee's use of MDCS in the manner described in Section 3.2.2 of either the Installation and Use Addendum or the Academic Installation and Use Addendum may be terminated at any time upon sixty days' notice, or sooner if, for any reason, MathWorks is involuntarily required to terminate the availability of such use. 11. TERMINATION. MathWorks may terminate this Agreement and all Licenses granted hereunder by written notice to Licensee if Licensee breaches any material term of this Agreement, including failure to pay any License fees due, and Licensee has not cured such breach within sixty (60) days of written notification. MathWorks may immediately terminate this Agreement and all Licenses granted hereunder if, after requesting and failing to receive from the Licensee adequate assurances of compliance with the terms of this Agreement, MathWorks reasonably believes that Licensee is or is intending to breach any material term of this Agreement. MathWorks may immediately terminate upon notice this Agreement and all Licenses granted hereunder should Licensee breach the terms and conditions of Articles 4, 5, 7, and/or 12. If Licensee or any of its Affiliates commences or participates in any legal proceeding against MathWorks or any of MathWorks' Affiliates challenging or asserting any intellectual property rights in or against any of the Programs licensed hereunder, then MathWorks may, without waiving any other legal rights or remedies available to it, immediately terminate this License. The foregoing sentence only applies to (a) a Licensee who has as its principal business the holding of patents and who does not engage, either directly or through an Affiliate, in any material active business of making products that embody the patents or (b) a Licensee who engages, either directly or through an Affiliate, in a principal business of licensing or making available commercial off the shelf ("COTS") software to Third Parties. Licensee may terminate this License at any time, for any reason. Licensee shall not be entitled to any refund if this License is terminated, except for License fees paid for any Programs for which the Acceptance Period has not expired at the time of termination. Upon termination for any reason, Licensee shall promptly return all but archival copies of the Programs in Licensee's possession or control, or promptly provide written certification of their destruction. 12. EXPORT CONTROL. The Programs may be subject to U.S. export control laws or other (U.S. and non-U.S.) governmental export and import laws and regulations. Notwithstanding any other term of this Agreement or Third Party agreement, Licensee's rights under this Agreement may not be exercised by Licensee or any Third Party in violation of such laws and regulations, nor may this Agreement be transferred to any party where doing so would result in such a violation. The terms of any limitation on the use, transfer or re-export of the Programs imposed by MathWorks in any Destination Control Statement or other document for the purpose of export control shall prevail over any term in this Agreement. It shall be Licensee's responsibility to comply with the latest United States or other governmental export and import regulations. 13. FEDERAL ACQUISITION. This provision applies to all acquisitions of the Programs and Documentation by, for, or through the federal government of the United States. By accepting delivery of the Programs or Documentation, the government hereby agrees that this software or documentation qualifies as commercial computer software or commercial computer software documentation as such terms are used or defined in FAR 12.212, DFARS Part 227.72, and DFARS 252.227-7014. Accordingly, the terms and conditions of this Agreement and only those rights specified in this Agreement, shall pertain to and govern the use, modification, reproduction, release, performance, display, and disclosure of the Programs and Documentation by the federal government (or other entity acquiring for or through the federal government) and shall supersede any conflicting contractual terms or conditions. If this License fails to meet the government's needs or is inconsistent in any respect with federal procurement law, the government agrees to return the Programs and Documentation, unused, to MathWorks. 14. EUROPEAN UNION SOFTWARE DIRECTIVE. For any Licensed User properly licensed to use the Programs within the European Union, any contractual provisions of this Agreement contrary to laws implemented pursuant to Article 6 of Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs or to the exceptions provided for in Article 5(2) and (3) of such Directive shall be null and void solely to the extent decompiling, disassembling, or otherwise reverse-engineering of the Programs is necessary to enable the Licensee to achieve the interoperability of an independently created program with the Programs or any other permitted objectives specified by such laws implemented under such Directive (collectively, the "Permitted Objectives"), consistent with the Directive, provided that any such information gained is used solely for such Permitted Objectives and solely in the European Union. 15. TAXES, DUTIES, CUSTOMS. Absent appropriate exemption certificates or other conclusive proof of tax exempt status, Licensee shall pay all applicable sales, use, excise, value-added, and other taxes, duties, levies, assessments, and governmental charges payable in connection with this Agreement or the Licenses granted hereunder, excluding taxes based on or measured by MathWorks' income, for which MathWorks shall be solely responsible. 16. ASSIGNMENT. Licensee may not assign or otherwise transfer this Agreement and any License hereunder, by operation of law or otherwise, without the written consent of MathWorks. Licensee agrees that MathWorks may withhold such consent if it determines, in its sole discretion, that a principal purpose of the acquisition of this License was to assign the License to a Third Party. In the case of any permitted or other lawful assignment or transfer, the terms of this Agreement including any License hereunder shall be binding upon, and inure to the benefit of, the transferee or assignee. 17. LIMITATION OF LIABILITY. The Programs should not be relied on as the sole basis to solve a problem or implement a design whose incorrect solution or implementation could result in injury to person or property. If a Program is employed in such a manner, it is at the Licensee's own risk and MathWorks and its Licensors explicitly disclaim all liability for such misuse to the extent allowed by law. MathWorks' and MathWorks' Licensors' liability for death or personal injury resulting from negligence or for any other matter in relation to which liability by law cannot be excluded or limited shall not be excluded or limited. Except as aforesaid, (a) any other liability of MathWorks and its Licensors (whether in relation to breach of contract, negligence or otherwise) shall not in total exceed the amount paid to MathWorks under this Agreement in the twelve month period preceding the claim in question, for the Program with respect to which the liability in question arises; and (b) MathWorks and its Licensors shall have no liability for any indirect or consequential loss (whether foreseeable or otherwise and including loss of profits, loss of business, loss of opportunity, and loss of use of any computer hardware or software). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to Licensee. 18. LIMITED WARRANTY/LIMITATION OF REMEDIES. MathWorks warrants that MathWorks, on its own behalf or through its Licensors, has the right to grant the License rights hereunder. MathWorks warrants that the physical media provided shall be free from defects in material and workmanship for a period of ninety (90) days from delivery, or it will be replaced by MathWorks at no cost to Licensee. MathWorks further warrants, for a period of one (1) year from delivery or for the term of the License, whichever is less, that each copy of each Program will conform in all material respects to the description of such Program's operation in the Documentation. In the event that a Program does not operate as warranted, Licensee's exclusive remedy and MathWorks' sole liability under this warranty shall be the correction or workaround by MathWorks of major defects within a reasonable time. Should such correction or workaround be impractical, MathWorks may, at its option, terminate the relevant License and refund the initial License fee paid to MathWorks for such Program. All requests for warranty assistance should be directed to The MathWorks, Inc., 3 Apple Hill Drive, Natick, MA 01760-2098, U.S.A. 19. DISCLAIMER OF WARRANTIES. Except for warranties expressly set forth in Article 18 of this Agreement (or as implied by law where the law provides that the particular terms implied cannot be excluded by contract), any and all Programs, Documentation, and Software Maintenance Services are delivered "as is" and MathWorks makes and the Licensee receives no additional express or implied warranties. MathWorks and its Licensors hereby expressly disclaim any and all other conditions, warranties, or other terms of any kind or nature concerning the Programs, Documentation, and Software Maintenance Services (including, without limitation, any with regard to infringement, merchantability, quality, accuracy, or fitness for a particular purpose or Licensee's purpose). MathWorks also expressly disclaims any warranties that may be implied from usage of trade, course of dealing, or course of performance. Except for the express warranties stated in Article 18 of this Agreement, the Programs, Documentation, and Software Maintenance Services are provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with Licensee. MathWorks does not warrant that the Programs and Documentation will operate without interruption or be error free. Some states and countries do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Licensee. The warranty in Article 18 gives Licensee specific legal rights and Licensee may also have other rights which vary from state to state and country to country. Licensee accepts responsibility for its use of the Programs and the results obtained therefrom. 20. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of the State of Delaware United States of America, without regard to its conflicts of law provisions, and both parties consent to the jurisdiction of the federal and state courts located in said State and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts. The parties agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction. To the extent any governing law, treaty, or regulation is in conflict with this Agreement, the conflicting terms of this Agreement shall be superseded only to the extent required by such law, treaty, or regulation. If any provision of this Agreement shall be otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible. In either case, the remainder of this Agreement shall not be affected. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The parties further agree that the Uniform Computer Information Transactions Act, or any version thereof, adopted by any state, in any form ("UCITA"), shall not apply to this Agreement. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the Opt-Out provision(s) contained therein. 21. COMPLIANCE WITH LICENSES. Licensee agrees to notify MathWorks promptly upon discovery of any failure to comply with this Agreement. Licensee agrees that, no more than once every twelve (12) months or within a reasonable time after a transfer, in addition to any other remedies at law or in equity, MathWorks or its authorized representative shall, upon reasonable prior notice, have the right to inspect Licensee's and Licensee's Affiliates' records, systems, and facilities, during normal business hours, to verify that Licensee's and its Affiliates' use of the Programs is in conformity with valid licenses and otherwise comply with this Agreement. If a verification discloses that Licensee's or any of its Affiliates' use is not in conformity with a valid license, Licensee shall immediately take all necessary steps to cure any past defaults, including paying any unpaid license fees, to bring Licensee's or any of its Affiliates' use into conformity. 22. LICENSE MANAGEMENT. The Programs contain technology for the prevention of unlicensed use. The Programs require activation to exercise your rights under this Agreement. You may also need to activate if you redesignate the Programs on your License or modify your hardware. Activation associates the use of the Programs with a specific Computer, and in some cases the Licensed User. During activation, data about the Programs and the Computer will be transmitted to MathWorks. This data includes the License information, Computer identification, and location. Some License Options may require the MathWorks Account information and the operating system user name for the Licensed User. A License file will be provided to complete activation. 23. HEADINGS. The inclusion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 24. ENTIRE AGREEMENT. This Agreement, and any applicable Addendum thereto including any documents referenced therein are incorporated herein by reference, and contain the entire understanding of the parties and may not be modified or amended or superseded except by a written agreement signed by MathWorks and Licensee. Such written agreement may include, in addition to any other terms, restrictions on Licensee's use of the Programs that are in addition to or inconsistent with the terms set forth in this Agreement including any addendum to this Agreement. In the event of any conflict between this Agreement and any purchase order executed by Licensee (whether executed before or after this Agreement), this Agreement shall prevail. The MathWorks, Inc. Software License Agreement - Installation and Use Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. SCOPE. The Installation and Use provisions of this Addendum apply to each Program licensed under the Agreement. The applicable provisions are determined by the particular License Option that Licensee acquired. 2. DEFINITIONS. 2.1. Licensed User. An individual authorized by the Licensee to use the Programs for Licensee's Internal Operations, to the extent permitted by the License Option acquired. 2.2. License Option. The specific rights, restrictions, and obligations under which Licensee may install and use a Program pursuant to the Agreement. 2.3. Named User. A Licensed User designated and identified by Licensee as the "Named User" for a License to a Program under either the "Individual" or "Network Named User" License Option. 3. INSTALLATION AND USE. Specific rights, obligations, and restrictions apply to each License Option. Licensee's right to install and use the Programs is determined by the License Option acquired. By accepting the terms and conditions of the Agreement, Licensee also accepts the License Option acquired. 3.1. License Options. 3.1.1. Individual. Program use is restricted to the single, designated Named User. Programs may be activated and used on one or more individual Computers, provided the Programs are only accessible to, and used by, the Named User for that License. The physical locations of the Computers used by the Named User to run the Programs are not limited; the Computers may be located at work, home, in a laboratory, or on a laptop. Licensee may only designate one Named User access to or use of the Programs under each Individual License. A Computer login of a Named User may not be shared with any other individual. Licensee may redesignate the Named User for a Program, whether temporarily or not, no more than four (4) times in any twelve (12) month period. A Named User may not use a Program on more than two (2) Computers simultaneously. 3.1.2. Designated Computer. The Programs may only be activated and used on a single, physical (not virtual) designated Computer, provided the Programs are only operated from that Computer's console by only one Licensed User at any given time. Licensee may redesignate the Computer for a Program to a different Computer, whether temporarily or not, no more than four (4) times in any twelve (12) month period. 3.1.3. Network Named User. Programs must be activated on a single Computer. Licensee must run the License Manager and edit the Local License Options file to maintain a list of Named Users authorized to use each Program. Licensee may redesignate Named Users for a Program, whether temporarily or not, no more than four (4) times in any twelve (12) month period, provided the number of Named Users never exceeds the number licensed per Program. Programs may be installed in a central location or on individual Computers to accelerate startup times, as long as the use on all Computers is controlled by the License Manager. A Named User may not use a Program on more than two (2) Computers simultaneously. A Computer login of a Named User may not be shared with any other individual. 3.1.4. Concurrent. Programs must be activated on a single Computer. Licensee must run the License Manager and may have only as many Licensed Users simultaneously using a Program at any given time as the number of Concurrent keys acquired for that Program. Subject to the foregoing, a Licensed User of the Concurrent License Option may utilize the Programs on any number of Computers served by a single License Manager provided that, before using a Program on any Computer, the Licensed User checks out a separate Concurrent key from the License Manager for that Computer. Programs may be installed in a central location or on individual Computers to accelerate startup times as long as the use on all Computers is controlled by the License Manager. Licensees of the Concurrent License Option are prohibited from providing Program access to users located outside a single country unless Licensee has contracted for global use. For the purposes of the immediately preceding sentence, member countries of the North American Free Trade Agreement ("NAFTA") shall be treated as a single country, and Iceland, Norway, Switzerland, and any member countries of the European Union ("EU") shall also be treated as a single country. 3.2. MATLAB Distributed Computing Server. 3.2.1. Licensees of the MDCS are permitted to install and make available Programs, other than Programs that are technically limited or otherwise limited as set forth at mathworks.com/ineligible_programs, on one or more Computers ("Computer Cluster") solely for use through the MDCS, provided that (1) the Programs on the Computer Cluster are controlled by a single License Manager for each MDCS, (2) the number of simultaneous Program sessions does not exceed the number of MDCS workers acquired, (3) access to any Program, whether in the MDCS or otherwise, remains limited to those persons who are Licensed Users of such Programs and the Parallel Computing Toolbox ("PCT"); (4) access to any worker must be enabled through a validly licensed use of the PCT; and (5) access to any Program, including the MDCS, is not made available (i) to any Third Party without the advance written consent of MathWorks, or (ii) to any user outside the country for which the MDCS is licensed, unless the Licensee has contracted for global use. For the purposes of the immediately preceding sentence, member countries of the North American Free Trade Agreement ("NAFTA") shall be treated as a single country, and Iceland, Norway, Switzerland, and any member countries of the European Union ("EU") shall also be treated as a single country. 3.2.2. Notwithstanding the restriction contained in Section 3.2.1(2) immediately above but subject to all other restrictions in Section 3.2.1, Licensed Users of MDCS may also scale the number of MDCS workers on the following additional terms: (1) Licensee employs the MathWorks Hosted License Manager ("MHLM") for its license management; and (2) Licensee agrees, on behalf of its Licensed Users, to the terms of use at mathworks.com/cloudcenterandondemandtermsofuse, including the obligation to pay all MDCS on-demand fees incurred by its Licensed Users applicable to their on-demand use, if any, of MDCS workers. Any fees that may be due to any cloud providers for use of their platforms, products, or services are separate and are the responsibility of the Licensee. 3.3. MATLAB Production Server. Licensees of the MATLAB Production Server ("MPS") are permitted to install and use MPS for the sole purpose of scheduling and running Applications generated with Licensee's validly licensed MATLAB Compiler Program, provided that the number of workers running simultaneously on one or more computers does not exceed the number of MPS workers acquired. Licensee may make the Applications running on MPS accessible to end users globally, including Third Parties, via a web interface, or other interface provided by Licensee, subject to the restrictions of Section 5.2 of the Deployment Addendum. 3.4. Polyspace Bug Finder and Polyspace Code Prover. Notwithstanding the provisions of Section 3.1 above, the number of Polyspace verification runs that a Licensed User may simultaneously execute using the Polyspace Code Prover or the Polyspace Bug Finder shall not exceed the number of keys available for the respective Polyspace Program. 4. REMOTE AND SHARED OPERATION Subject also to the foregoing: 4.1. Remote Access to the Desktop: Using the Microsoft Remote Desktop connection feature or similar technologies: 4.1.1. Named Users and Network Named Users may remotely access Programs for which they are licensed. 4.1.2. Concurrent Licensed Users may remotely access Programs served by the License Manager for the License under which they are operating. 4.1.3. The Licensee of a Designated Computer License may designate one Licensed User to remotely access the Programs licensed on the Designated Computer for operation on that Designated Computer. Licensee may redesignate such Licensed User, whether temporarily or not, no more than four (4) times in any twelve (12) month period. 4.2. Shared Access to the Desktop: 4.2.1. A Licensed User using Microsoft Remote Assistance technology, NetMeeting conferencing software, or similar technologies may share remotely the desktop view of a Program session with another individual for assistive or demonstrative purposes only. The MathWorks, Inc. Software License Agreement - Academic Installation and Use Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. SCOPE. The provisions of this Academic Installation and Use Addendum apply to each Program licensed under the Agreement at prices offered only to degree-granting educational institutions ("Academic prices") for Academic Internal Operations only, as defined below. Research and development divisions and centers of universities, U.S. government agencies and other not-for-profit organizations do not qualify for Academic prices. This Addendum imposes certain additional obligations and restrictions with respect to the Programs licensed at such Academic prices that are not contained in the Agreement. The applicable provisions are determined by the particular Academic License Option that Licensee acquires for each Program. In the event of a conflict between the provisions of this Addendum and the Agreement, these Addendum provisions shall apply. 2. DEFINITIONS. 2.1. Academic Internal Operations. The installation and use of the Programs by Licensed Users, in accordance with the Academic License Option acquired, for the purpose of (i) in the case of employees (faculty and academic staff), performing software administration, teaching, and noncommercial, academic research in their ordinary course as Licensee's employees; and (ii) in the case of enrolled students, meeting classroom requirements of courses and study offered by the Licensee. Any other use is expressly prohibited. 2.2. Licensed Users. All enrolled students and employees (faculty and academic staff) of the Licensee who are authorized by Licensee to use the Programs for Academic Internal Operations in accordance with the Agreement, as revised from time to time, and to the extent permitted by the Academic License Option acquired. As used herein, "employees" excludes subcontractors and consultants of the Licensee. Individuals under thirteen (13) years of age may be Licensed Users if their parent or guardian has previously consented to such individual's use of the Programs. Licensee agrees to collect such consent prior to providing any such individuals with access to the Products, and to store such consent in a retrievable way. 2.3. Academic License Option. The specific rights, restrictions, and obligations under which Licensee may install and use a Program pursuant to the Agreement. 2.4. Named User. Licensed User designated and identified by Licensee as the "Named User" for a License to a Program under the "Individual License Option". 3. INSTALLATION AND USE. Specific rights, obligations, and restrictions apply to each Academic License Option. Licensee's right to install and use the Programs is determined by the Academic License Option acquired. By accepting the terms and conditions of the Agreement, Licensee also accepts the Academic License Option acquired, and agrees to use the Programs only for Academic Internal Operations. 3.1. Academic License Options. 3.1.1. Individual. Program use is restricted to the single, designated Named User. Programs may be activated and used on one or more individual Computers, provided the Programs are only accessible to, and used by, the Named User for that License. The physical locations of the Computers used by the Named User to run the Programs are not limited; the Computers may be located at work, home, in a laboratory, or on a laptop. Licensee may only designate one Named User access to or use of the Programs under each Individual License. A Computer login of a Named User may not be shared with any other individual. Licensee may redesignate the Named User for a Program, whether temporarily or not, no more than four (4) times in any twelve (12) month period. A Named User may not use a Program on more than two (2) Computers simultaneously. 3.1.2. Designated Computer. The Programs may only be activated and used on a single, physical (not virtual) designated Computer, provided the Programs are only operated from that Computer's console by only one Licensed User at any given time. Licensee may redesignate the Computer for a Program to a different Computer, whether temporarily or not, no more than four (4) times in any twelve (12) month period. 3.1.3. Concurrent. Programs must be activated on a single Computer. Licensee must run the License Manager and may have only as many Licensed Users simultaneously operating a Program at any given time as the number of Concurrent keys acquired for that Program. Subject to the foregoing, a Licensed User of the Concurrent License Option may utilize the Programs on any number of Computers served by a single License Manager provided that, before using a Program on any Computer, the Licensed User checks out a separate Concurrent key from the License Manager for that Computer. Programs may be installed in a central location, on institution-owned or Licensee's faculty, research and academic staff personally-owned computers to accelerate startup times, as long as the installations on the individual Computers are controlled by the License Manager. Licensee is prohibited from allowing installation of the Programs on students' own computers. Licensees of the Concurrent License Option are prohibited from providing Program access to users located outside a single country. 3.1.4. Classroom. Program use is restricted to students, instructors, and software administrators, in on-campus facilities that are used solely in support of classroom instruction of students at degree-granting institutions. Visiting course instructors and contractors may use a copy of the Programs solely for the purpose of classroom instruction or preparation for classroom instruction. Research use is not permitted. 3.1.5. Primary and Secondary Schools. Primary and secondary schools located at a single physical address may authorize their faculty, academic staff, and students to use the License on teachers' computers, school-owned computers or student-owned computers, for Academic Internal Operations only. Technical support is available for faculty and academic staff, but not for students. 3.1.6. Total Academic Headcount. Programs may be installed and used by Licensed Users both on institution-owned or leased Computers and on personally-owned or leased Computers. Technical support is available for faculty and academic staff, but not for students. 3.1.7. Total Student Headcount. Programs may be installed and used by Licensee's students only on their personally-owned or leased Computers. Student Licensed Users may not use a Program on more than two (2) Computers simultaneously. Programs licensed under the Total Student Headcount License Option may not be used by Licensee's faculty and academic staff. Technical support is not available. 3.2. MATLAB Distributed Computing Server. 3.2.1. Licensees of the MDCS are permitted to install and make available Programs, other than Programs that are technically limited or otherwise limited as set forth at mathworks.com/ineligible_programs, on one or more Computers ("Computer Cluster") solely for use through the MDCS, provided that (1) the Programs on the Computer Cluster are controlled by a single License Manager for each MDCS; (2) the number of simultaneous Program sessions does not exceed the number of MDCS workers acquired, except as set forth in Section 3.2.2 and 3.2.3; (3) access to any Program, whether in the MDCS or otherwise, remains limited to those persons who are Licensed Users of such Programs and the Parallel Computing Toolbox ("PCT"); (4) access to any worker must be enabled through a validly licensed use of the PCT; and (5) access to any Program, including the MDCS, is not made available (i) to any Third Party without the advance written consent of MathWorks, or (ii) to any user outside the country for which the MDCS is licensed. 3.2.2. Subject to all other restrictions in Section 3.2.1, Licensed Users of MDCS may also scale the number of MDCS workers on the following additional terms: (1) Licensee employs the MathWorks Hosted License Manager ("MHLM") for its license management; and (2) Licensee agrees, on behalf of its Licensed Users, to the terms of use at mathworks.com/cloudcenterandondemandtermsofuse, including the obligation to pay all MDCS on-demand fees incurred by its Licensed Users applicable to their on-demand use, if any, of MDCS workers. Any fees that may be due to any cloud providers for use of their platforms, products, or services are separate and are the responsibility of the Licensee. 3.2.3. Subject to the restrictions in Sections 3.2.1(3), 3.2.1(4), and 3.2.1(5), if MDCS is acquired by Licensee for the Total Academic Headcount License Option, the number of simultaneous worker sessions per Licensed User may not exceed the number of MDCS workers licensed. 3.3. MATLAB Production Server. Licensees of the MATLAB Production Server ("MPS") are permitted to install and use MPS for the sole purpose of scheduling and running Applications generated with Licensee's validly licensed MATLAB Compiler Program, provided that the number of workers running simultaneously on one or more computers does not exceed the number of MPS workers acquired. Licensee may make the Applications running on MPS accessible to end users globally, including Third Parties, via a web interface, or other interface provided by Licensee, subject to the restrictions of Section 5.2 of the Deployment Addendum. 4. REMOTE AND SHARED OPERATIONS Subject also to the foregoing: 4.1. Remote Desktop Access: Using the Microsoft Remote Desktop connection feature or similar technologies: 4.1.1. Named Users may remotely access Programs for which they are licensed. 4.1.2. Concurrent Licensed Users may remotely access Programs served by the License Manager for the License under which they are operating. 4.1.3. The Licensee of a Designated Computer License Option may designate one Licensed User to remotely access the Programs licensed on the Designated Computer for operation on that Designated Computer. Licensee may redesignate such Licensed User, whether temporarily or not, no more than four (4) times in any twelve (12) month period. 4.1.4. Licensed Users of the Total Academic Headcount License Option and Total Student Headcount License Option may remotely access Programs for which they are licensed. 4.2. Shared Access to the Desktop: 4.2.1. A Licensed User using Microsoft Remote Assistance technology, NetMeeting conferencing software, or similar technologies may share remotely the desktop view of a Program session with another individual for assistive or demonstrative purposes only. The MathWorks, Inc. Software License Agreement - Student License and Home License Installation and Use Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. SCOPE. The provisions of this Student License and Home License Installation and Use Addendum apply to the MATLAB and Simulink Programs and to any other Programs licensed under the Agreement at prices offered to students enrolled in degree-granting educational institutions ("Student Use prices") or to individuals for personal use ("Home Use Prices"). This Addendum imposes certain additional obligations and restrictions with respect to the Programs licensed at such Student Use and Home Use prices that are not contained in the Agreement. 2. In the event of a conflict between the provisions of this Addendum and the Agreement, these Addendum provisions shall apply. In this Addendum, the license provided to students is referred to as a "Student License", and the license provided to individuals for personal use is referred to as the "Home License". 3. RETURNS AND REFUNDS. Returns and refunds of Student License and Home License purchases are subject to the refund policies at the time and point of purchase. 4. REGISTRATION AND ACTIVATION. The Programs contain technology for the prevention of unlicensed or illegal use of the Programs. Licensee agrees to the use and application of such technology in the Programs (a) to limit the use of the Programs by Licensee to a finite number of Computers, and (b) to require Licensee's registration of the Student License and activation of the Programs in advance of the use of the Programs (other than for temporary use) as further described in this Addendum and in the Documentation for the Programs. 5. ELIGIBILITY, INSTALLATION, AND USE. Licensee agrees to the following eligibility and use restrictions of the Student License and the Home License: a Licensee of a Student License must be a student enrolled in a degree-granting educational institution or participating in a continuing education program at a degree-granting educational institution and may use the license only for student activities that are not commercial, for profit, professional, or revenue generating activities for the period of such student use; a Licensee of a Home License must be an individual and may use the license only for personal use and not for professional, academic, or commercial use, including for profit or revenue generating activities, and only for the period of such personal use. The Student License and Home License each permit the Licensee to use the Programs on one Computer that Licensee owns or leases provided (i) the Programs are only accessible to, and used by, Licensee, and (ii) Licensee has provided machine-specific identification for such Computer through the registration and activation process. 6. PARENTAL CONSENT. Individuals under thirteen (13) years of age may be Licensed Users if their parent or guardian has previously consented to such individual's use of the Programs. Licensee agrees to collect such consent prior to providing any such individuals with access to the Programs, and to store such consent in a retrievable way. 7. TECHNICAL SUPPORT. Technical support for Licensees of Student Licenses and Home Licenses is limited to installation and activation support. 8. ASSIGNMENT. Neither a Student License nor a Home License is transferable. 9. PRIMARY AND SECONDARY SCHOOL USE. Teachers and students at primary and secondary education schools may license the Student License. Teachers may also use the Student License on the teacher's computer or school-owned computers. The MathWorks, Inc. Software License Agreement - Deployment Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein for use of the Programs. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. PURPOSES. The Agreement contains restrictions prohibiting Licensee from modifying, distributing, or providing access to the Programs or any Program Components (as defined below), except as expressly provided in this Addendum. Because the Programs licensed by Licensee under the Agreement contain Source Code or Object Code Program Components, this Addendum sets forth the Licensee's rights with respect to creating software or applications using the Programs or any Program Component, as well as certain additional obligations related thereto. This Addendum also states restrictions and obligations with respect to the use of the Programs or any Program Component, which also may have a bearing on the creation or distribution of software or applications. MathWorks or its Licensors retain all right, title, and interest in its Programs, Program Components, and Derivative Forms of its Programs. 2. USER CREATED FILES. This Addendum does not apply to MATLAB code files, Simulink model files, MEX-files, MAT-files, VHDL-files, Verilog-files, FIG-files and P-files that are created by Licensee and that do not include any code obtained from MATLAB code files, Simulink model files, MAT-files, P-code, C/C++ files, VHDL-files, Verilog-files, TLC-files, or other Source Code files supplied with the Programs ("User Files"). Licensee may distribute or sublicense without restriction, User Files provided that a principal purpose of the distribution or sublicense is not to replace or replicate a Program or any part of a Program. 3. NONCOMPETITION. Notwithstanding anything else contained in this Agreement, Licensee agrees not to use, test, benchmark, reverse engineer or determine the expression or design of, the Programs, Derivative Forms, Generated Forms, or Program Components to make, or distribute its own or a Third Party's application or software, a principal purpose of which, as reasonably determined by MathWorks, is to perform the same or similar functions as Programs licensed by MathWorks or which replaces any component of the Programs. Licensee shall not otherwise use the Programs to compete with the products or businesses of MathWorks, including by distributing Libraries, or any form of an entire Program or a substantial portion of a Program. 4. DEFINITIONS. 4.1. Application. A software file that Licensee has created by either (a) using a MathWorks Program to compile or translate Licensee created Source Code or (b) incorporating or linking any part of any Source Code, library file, or other Program Component provided with the Program. An Application must contain original code developed by Licensee and must provide substantial functionality not contained in, or provided by, the Program Components that are incorporated into such Application. If a software file created by a Licensee incorporates Program Components, but does not meet the requirements of the previous sentence, then it is a Derivative Form (as defined below). An Application may contain Linked Object Code which, if such Object Code was not Linked to the Application and was a standalone file, would otherwise have been deemed a Derivative Form. 4.2. Application License. A license provided by Licensee to its end-users for the installation and use of Licensee's Application and any Third Party Software made available for use with the Application. 4.3. Generated Forms. The output of the MATLAB Compiler, the MathWorks Coder Programs, and other MathWorks' code generation Programs in the form of Source Code or Object Code, as well as such Source Code converted to Object Code or Linked forms. 4.4. Derivative Forms. A software file that Licensee has derived from one or more Program Components (including without limitation by incorporating, translating, or modifying, in whole or in part, any Program Component), and which, if modified or copied without MathWorks' authorization, would constitute a copyright infringement or breach of the Agreement. A software file created by Licensee which qualifies as an "Application" under the above definition shall not be deemed a Derivative Form. 4.5. Linked. An executable or loadable file created by a compiler or linker program combining Object Code module files. 4.6. MAT-file. The file format in which MATLAB stores data. 4.7. MATLAB Runtime. MATLAB Runtime support libraries and other files for deployment of Applications created with the MATLAB Compiler. 4.8. Object Code. The code created by a system compiler from source code; also called "machine-readable code". Object Code can be Linked with an appropriate linker to resolve address references and may be combined with other Object Code for targeted execution on a specific processor. Object Code includes "Object Code libraries" and "shared libraries," which are groupings of Object Code for specific purposes. 4.9. Program Component. Any portion of, or file provided with, a Program. 4.10. Source Code. Human-readable program code written in a higher-level language such as C, C++, Java, MATLAB, MDL, VHDL, Verilog, or Fortran, which must be translated or compiled into machine-readable language before it can be executed by a computer. Source Code also includes header files and other human-readable files necessary for a Program to be compiled in the higher-level language. 4.11. Standalone Application. An Application created using programming languages and tools other than the Programs, which executes outside of the Programs. 4.12. Deployment Program. The MATLAB Compiler, MATLAB Compiler SDK, and any of MathWorks Coder Programs as defined in Section 4.13 below. 4.13. MathWorks Coder Programs. MATLAB Coder, Filter Design HDL Coder, Simulink Coder, HDL Coder, Simulink PLC Coder, and Embedded Coder. 5. DEPLOYMENT PROGRAMS. Licensed Users of MathWorks' Deployment Programs may automatically generate code from MATLAB code files, Simulink/Stateflow diagrams, and other representations, into Generated Forms. Furthermore, Licensee may copy and deploy these Generated Forms for use outside of the Programs. 5.1. Deployment from MathWorks Coder Programs. MathWorks provides directories of C, C++, Assembly, linker command files, template makefiles, project files, and TLC source code files with Programs that implement the real-time framework. Such files made available in any of the MathWorks Coder Programs may only be modified and deployed in Source Code or Linked Object Code form for different development targets when used with such Programs or with code generated by such Programs as part of, and only as required by, a larger Standalone Application. MathWorks Coder Programs cannot be used to create an Application (a) providing capability similar to the capabilities of any of the Programs; (b) providing functionality or behavior similar to that of the MATLAB command line or scripting and programming capabilities; (c) allowing operation of the code generation capabilities of Programs; (d) providing access to an entire Program or a substantial portion of a Program; or (e) enabling evaluation of end-user code or expressions. 5.1.1. Licensee may copy and deploy these files outside of the Programs in Linked Object Code form or Source Code form, if only used in combination with code generated by those Programs as part of a larger standalone Application. 5.1.2. No further fees shall be due to MathWorks for such deployment within Licensee's Application, regardless of whether the Application is deployed solely for Licensee's Internal Operations or to Third Parties. 5.2. Deployment from MATLAB Compiler. Licensed Users may deploy copies of Applications generated by the MATLAB Compiler that incorporate compiled versions of MATLAB code files from licensed Programs required for such Applications. Licensee may also use and distribute the MATLAB Runtime together with such Applications for the sole purpose of running the Applications. Licensee is prohibited from making copies of the MATLAB Runtime accessible to any Third Party separate from or for use other than with a Licensed User's Application, or provide the MATLAB Runtime for service bureau or similar service use. Licensee agrees to employ the same security measures to protect the MATLAB Runtime as it uses to safeguard Licensee's own proprietary intellectual property, but in no event less than reasonable care. No additional license fees shall be due to MathWorks for the distribution of the required MATLAB code files incorporated in the generated Application, or for the distribution of the MATLAB Runtime when deployed together with such Applications, regardless of whether the Application and the MATLAB Runtime are distributed for the purposes of Licensee's Internal Operations or to Third Parties. 5.2.1. Licensed User may include, by compilation for deployment, only those select MATLAB code files from the licensed Programs required for the Application. 5.2.2. In no event shall Licensee distribute any library header files. 5.2.3. Licensee's Application may not provide capability similar to the capabilities of any of the Programs or provide functionality or behavior similar to that of the MATLAB command line or scripting and programming capabilities, nor may Licensee's Application enable evaluation of end-user code or expressions. 5.2.4. Licensee's Application may not allow operation of the code generation capabilities of Programs. 5.2.5. Licensee's Application may not provide access to an entire Program or a substantial portion of a Program. 5.2.6. Licensee's Application incorporating any functionality of the Parallel Computing Toolbox ("PCT") may enable the same or fewer number of local workers provided by the PCT used to build the Application, even if the Application's end user does not possess a license to the PCT. 5.2.7. Licensee shall include the notice "MATLAB(r). (c) 1984 - [INSERT YEAR MATLAB VERSION PUBLISHED] The MathWorks, Inc." in the deployed Application's About Box, or similar visible location, and in the applicable documentation distributed with each copy of the Application. 5.2.8. Licensee may not modify or remove any proprietary notice or license file that is included with the MATLAB Runtime. 5.3. Simulink Desktop Real-Time. Licensee may not incorporate Simulink Desktop Real-Time into an Application for deployment without contracting with MathWorks for an OEM or VAR agreement. 5.4. Simulink Real-Time. Licensee may develop Applications that incorporate Object Code derived from Program Components of Simulink Real-Time which are required for the Application and that have been compiled or otherwise obtained from Simulink Coder on a single development PC, download that Application to a target PC, and distribute that Application beyond the target PC. No further fees shall be due to MathWorks for such distribution of Licensee's Application, regardless of whether the Application is distributed solely for Licensee's Internal Operations or to Third Parties. Additionally, the Simulink Real-Time Program allows for the distribution beyond the development PC of API DLLs as part of the Application and other Applications exported from Simulink Real-Time Explorer. No further fees shall be due to MathWorks for such distribution, regardless of whether the API DLLs are distributed solely for Licensee's Internal Operations or to Third Parties. 6. OTHER SOURCE CODE AND SHARED OBJECT CODE LIBRARIES. 6.1. Programs may include selected Source Code and shared Object Code library files that implement various documented application programming interface capabilities of the Programs for which the Source Code or shared library file is part. 6.1.1. Licensed User may use and modify the selected Source Code files solely for creation of Licensee's own Applications. Licensee may copy and distribute Object Code compiled from this Source Code, but only as either standalone Object Code file (regardless whether a Derivative Form) or Object Code Linked to the Application, and only for use with and deployment of Licensee's own Application. 6.1.2. Licensee may use, copy and distribute shared Object Code library files (regardless whether a Derivative Form) for deployment of Licensee's own Application, but only if a header file exists in the Program for the shared library file. Licensee may not copy or distribute header files themselves. 6.1.3. Licensee may not transfer Source Code, development rights, or development capabilities for any Source Code or Object Code to any Third Party. 6.2. MAT-files. Licensed User may create and distribute Applications that read MAT-files using the MAT-file API, however, if such Applications are distributed to Third Parties, they must also implement MAT-file write capability. 7. DERIVATIVE FORMS. A Licensee shall only be permitted to distribute a Derivative Form to Third Parties (a) to the extent expressly permitted under Articles 5 or 6 of this Addendum, or (b) subject to the requirements of this Article 7. A Licensee may only distribute a Derivative Form to a Third Party under this Article 7 if such Third Party is bound by a Software License Agreement with MathWorks that requires such Third Party to treat such Derivative Forms received from Licensee as such Third Party's own Derivative Form thereunder. Licensee agrees that if such a Third Party provides Licensee with software that is a Derivative Form under the terms of such Third Party's Software License Agreement with MathWorks (or would otherwise be a Derivative Form under the terms of this Agreement), then Licensee shall treat such software as a Derivative Form hereunder as if Licensee has modified or generated the software itself. 8. WEB APPLICATIONS. Programs licensed under the Concurrent, the Network Named User, the Individual, and the Total Academic Headcount License Options may be called by means of a web interface in accordance with the following conditions. Programs licensed under any other License Option may not be called via a web interface. For the Concurrent License Option. Programs licensed under the Concurrent License Option may be called via a web application, provided the web application does not provide access to the MATLAB command line, or any of the licensed Programs with code generation capabilities. In addition, Licensed Users may not provide access to an entire Program or a substantial portion of a Program, nor may such application enable evaluation of end-user code or expressions. Such operation of an application via a web interface or web server may be provided to an unlimited number of web clients, at no additional cost, for Licensee's own use for its Internal Operations, and for use by Third Parties. For the Network Named User and Individual License Options. Programs licensed under the Network Named User and Individual License Options may be called via a web application, provided the web application does not provide access to the MATLAB command line, or any of the licensed Programs with code generation capabilities, and such application is only accessed by designated Network Named User or Individual licensees of such Programs. In addition, Licensed Users may not provide access to an entire Program or a substantial portion of a Program, nor may such application enable evaluation of end-user code or expression. For the Total Academic Headcount License Option. Programs licensed under the Total Academic Headcount License Option may be called via a web application, provided the web application does not provide access to the MATLAB command line, or any of the licensed Programs with code generation capabilities. In addition, Licensed Users may not provide access to an entire Program or a substantial portion of a Program, nor may such application enable evaluation of end-user code or expressions. Such operation of an application via a web interface may be provided to an unlimited number of web browser clients, at no additional cost, for Licensee's own use for its Academic Internal Operations, and for use by Third Parties. 9. APPLICATION LICENSING. For any distribution of Applications containing Object Code or Generated Forms to: 9.1. Licensee's internal organization: Licensee shall take appropriate action by instruction, agreement, or otherwise with any recipients of the Application, so as to enable Licensee to satisfy its obligations under the terms of this Addendum and the Agreement. 9.2. Third Parties: Your Application shall require acceptance of an Application License whose terms and conditions are at least as restrictive as the Agreement, unless the Application is part of an embedded system that has no provision for licensing to its end users. 9.2.1. The Application license for Third Parties must explicitly exclude MathWorks and its Licensors from all liability for damages or any obligation to provide remedial actions. In no circumstance shall Licensee include a warranty for any form of a Program that is inconsistent with or additional to the warranty contained in the Agreement. 9.2.2. The additional translation, use, and deployment rights granted in this Addendum are nontransferable without MathWorks' consent and shall not be conveyed in Licensee's Application license. 9.2.3. All copyright and proprietary notices for the Programs that appear in the original form delivered to Licensee shall be duplicated and included with Licensee's own copyright notices for the Application, wherever they appear. 9.2.4. Licensee may not remove any copyright, trademark, logo, proprietary rights, disclaimer or warning notice included on or embedded in any part of the deployed Application. 9.2.5. If Licensee's Application is generated with the MATLAB Compiler, then Licensee's Application License shall include or incorporate by reference the terms of the MATLAB Runtime License included in a text file at [MCR Install Directory]\[version_number]\MCR_license.txt located within the installation for the MATLAB Runtime. 9.3. Notwithstanding the termination of the Agreement, all valid Application licenses shall remain and continue in full force and effect, and, if the Agreement was not terminated due to: (a) Licensee's failure to pay the applicable fees to MathWorks, (b) Licensee's violation of the License restrictions, or (c) violation of MathWorks' proprietary rights in the Programs; then Licensee may continue to use the Programs to support Applications that have been placed in use pursuant to an Application License prior to the effective date of termination. 10. DISCLAIMER OF OBLIGATIONS AND LIABILITY. 10.1. MathWorks shall have no support or warranty obligations, and disclaims all liability, for Applications developed or distributed by Licensee. 10.2. Licensee agrees that prior to using, incorporating, or distributing the Programs in any Application, it will thoroughly test and validate the Application and the functionality of the Programs in that Application and be solely responsible for any problems or failures. 10.3. Licensee will defend, indemnify, and hold harmless MathWorks and its Licensors, officers, directors, employees, agents and resellers from and against any damages, liabilities, costs and expenses (including reasonable fees of MathWorks' attorneys) arising out of any Third Party claim or demand based on or arising from, out of or in connection with (i) the creation, use, or distribution of any Applications by Licensee or any of its Affiliates or (ii) the use of the Programs by Licensee or any of its Affiliates. 11. GENERAL. Licensee acknowledges and agrees that a breach of the obligations set forth in this Addendum shall be a material breach of the Agreement. 09/2016 PN 20364 ACMI Public WIFI Free wireless access is available to visitors within most of the public spaces at ACMI, including the cinemas and galleries. We provide basic internet access from your personal computer, mobile phone or similar device with just a few restrictions to ensure everyone has an enjoyable experience during their visit. Please note that wireless access can be affected by numerous factors, including file-sharing and other software or the security settings on your device. Speed will depend on the capabilities of your device, its location, interference from other wireless signals in the area, other activity on our network and of course general internet congestion. We strongly encourage you to ensure your device has a firewall, anti-virus and any other appropriate software to keep it and your data as secure as possible. Like all public networks it may be possible for others to view or manipulate the data you exchange using this network, so please exercise caution. Before proceeding we need you to accept the following Terms & Conditions by clicking on the ACCEPT button at the bottom of this page. Terms and Conditions of Use ACMI Free WiFi only provides for web browsing, not unlimited internet access. ACMI reserves the right to place restrictions on certain types of traffic, files, sizes or connection times as required to ensure proper and equitable management of the network. ACMI is not able to provide technical assistance to configure your equipment for wireless access. The network is similar to those provided in coffee shops and other public places, so for further advice consult your user's manual or contact your equipment or software provider. ACMI cannot be responsible for any changes you make to your computer’s settings and recommends you make a note of any settings before you change them. Under no circumstances shall ACMI nor individual staff members be liable for any direct, indirect, incidental, exemplary or consequential damages arising in any way out of the use of ACMI Free WiFi, even if advised of the possibility of such damage. You assume all associated risks and agree to hold harmless ACMI and its employees for any information (eg credit card data or passwords) that is compromised, or for any damage or other consequences to your hardware or software caused by security issues, viruses or hacking. In using ACMI Free WiFi you agree not do anything which is contrary to any law – for example fraudulent activity or copyright infringement. The network may be unavailable at certain times or locations or may perform slower than expected due to many factors including congestion or faults. ACMI does not guarantee that access to ACMI Free WiFi will be continuous, fault-free or secure. ACMI reserves the right to monitor traffic on the ACMI Free WiFi network to ensure it complies with these Terms & Conditions or for normal operational purposes. You may only access ACMI Free WiFi within the confines of the ACMI venues. If you agree to these Terms & Conditions please click Accept Twitch Terms of Service Last modified on 12/15/16 Introduction; Your Agreement to these Terms of Service. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH (IF YOU ARE RESIDENT IN THE USA OR ELSEWHERE IN THE WORLD, BUT NOT IF YOU ARE A CONSUMER IN THE EUROPEAN UNION) REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. Welcome to the game video management and streaming platform operated by Twitch Interactive, Inc. (" Twitch ") consisting of the web site available at the URL http://www.twitch.tv and all related services, software applications and networks that allow for the authorized streaming and distribution of game video content over the internet (the " Twitch Service "). The Twitch Service also includes any other sites or services that link to these terms of service (the " Terms of Service "). Other services offered by Twitch may be subject to separate terms (in which case we will let you know what terms will apply to those services). The following Terms of Service for the Twitch Service is a legal contract between you, an individual user of at least 13 years of age (see section 2 below about minors using Twitch) or a single entity ("you"), and Twitch regarding your use of the Twitch Service. Twitch may offer certain additional services for which you can agree to pay fees to Twitch. The applicable terms will be made available on the applicable Twitch web page and will supplement these Terms of Service. If you register and/or use any such paid fee services, you will be asked to agree to and comply with the Twitch Terms of Sale. The Twitch Terms of Sale is hereby incorporated by reference (this means legally that they form a part of these Terms of Service). PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE TWITCH SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE TWITCH SERVICE OR, IF YOU ARE A CONSUMER RESIDENT IN THE EUROPEAN UNION, CONTACT US AT LEGAL@TWITCH.TV TO DISCUSS ANY CONCERNS YOU MAY HAVE REGARDING THESE TERMS OF SERVICE. IF YOU ARE USING OR OPENING AN ACCOUNT WITH TWITCH ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A " SUBSCRIBING ORGANIZATION ") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF SERVICE; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS OF SERVICE, AND (IV) AGREE TO THESE TERMS OF SERVICE ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION. Use of Twitch by Minors and Blocked Persons. The Twitch Service is not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Twitch Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE TWITCH SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE TWITCH SERVICE. The Twitch Service is also not available to any users previously suspended or removed from the Twitch Service by Twitch (see section 16 below for more about suspension or removal). Privacy Policy. Your privacy is important to Twitch. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information. License The Twitch Service is owned and operated by Twitch. Unless otherwise indicated, all Content and other materials on the Twitch Services, including, without limitation, Twitch's logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the " Materials ") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). All Materials contained on the Twitch Service are the proprietary property of Twitch or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Twitch or its affiliates and/or third-party licensors. Twitch reserves all rights not expressly granted in these Terms of Service. Unless otherwise expressly stated in writing by Twitch, you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Twitch Service for your personal or internal business use only. This license is subject to these Terms of Service and does not include any of the following: (a) any resale or commercial use of the Twitch Service or the Materials; (b) the distribution, public performance or public display of any Materials (except for Broadcaster Content by the Broadcaster posting the Broadcaster Content – this is all explained further below); (c) modifying or otherwise making any derivative uses of the Twitch Service or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Twitch Service, the Materials or any information contained in them, except as expressly permitted on the Twitch Service; or (f) any use of the Twitch Service or the Materials except for their intended purposes. Any use of the Twitch Service or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Twitch, is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. This license can be terminated (see further section 16). Individual Features and Services. When using the Twitch Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the " Guidelines "). All these Guidelines are hereby incorporated by reference into these Terms of Service (i.e. they are made part of these Terms of Service). Modification of these Terms of Service. Twitch reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time (for example to reflect updates to the Twitch Service or to reflect changes in the law). If Twitch changes these Terms of Service, we will provide you notice of these changes, such as by sending an email, posting a notice on the Twitch Service or updating the "Last Updated" date above. Please check these Terms of Service and any Guidelines periodically for those changes. Your continued use of the Twitch Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Service, the amended terms will automatically be effective thirty days after they are initially posted on the Twitch Service unless you contact us to discuss any questions or comments during that time period. We will always make a reasonable effort to notify you if we do change these Terms of Service. Digital Millennium Copyright Act. Please note that since we respect game designer, game publisher, music, and other Content (as defined below) owner rights, it is Twitch's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the " DMCA "). If you believe that anything in the Twitch Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Name of Designated Agent: Elizabeth Baker - General Counsel
 Address of Designated Agent: 225 Bush Street, 9th Floor, San Francisco, CA 94104 E-mail Address of Designated Agent: dmca@twitch.tv Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. Other Intellectual Property Rights Infringement Systems in the EU and Rest of the World. If you believe that your copyright or other intellectual property rights have been infringed and they are not subject to US law and jurisdiction (for example, if you consider the infringement is subject to the E-Commerce Directive of the European Union), then we invite you to contact us using the procedure set out at section 7) for the US Digital Millennium Copyright Act to the extent relevant. You can contact dmca@twitch.tv if you wish to discuss this further with us. Repeat Infringer Policy. In accordance with the DMCA and other applicable laws around the world, Twitch has adopted a policy that it will promptly terminate without notice any user's access to the Twitch Service if that user is determined by Twitch to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Twitch of infringing activity violations more than twice and/or who has had their Broadcaster Content or any other user-submitted content removed from the Twitch Service more than twice. Twitch may also at our sole discretion limit access to the Twitch Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. In addition, Twitch accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials. Trademarks. TWITCH, TwitchTV, the Twitch logos and any other product or service name or slogan contained in the Twitch Service are trademarks of Twitch or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Twitch or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Twitch may provide you from time to time. You may not use any metatags or any other hidden text utilizing "Twitch" or any other name, trademark or product or service name of Twitch without our prior written permission. In addition, the look and feel of the Twitch Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Twitch and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Twitch Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation. Broadcasters. Twitch allows certain users (" Broadcaster ") to distribute streaming live and pre-recorded videos of video game related activities. License from Twitch. If you sign up for an account as a Broadcaster, subject to your compliance with these Terms of Service, Twitch hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Twitch Service for the uploading and distributing of authorized digital content, including videos (" Broadcaster Content "). License to Twitch Unless otherwise agreed to in a written agreement between you and Twitch that was signed by an authorized representative of Twitch: By distributing or disseminating Broadcaster Content through the Twitch Service, you hereby grant to Twitch a worldwide, nonexclusive, royalty-free, perpetual, transferable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Broadcaster Content, in any form, format, media or media channels now known or later developed or discovered. You grant Twitch and our sublicensees the right to use the name that you submit in connection with that content, if we or they choose. Except for Broadcaster Content already downloaded by users, the foregoing license granted by you terminates regarding a specific piece of Broadcaster Content once you remove or delete that Broadcaster Content from the Twitch Service. Broadcaster Content Representations and Warranties. You are solely responsible for your Broadcaster Content and the consequences of posting or publishing it. By uploading and publishing your Broadcaster Content, you represent, and warrant that: (1) you are the creator and owner of the Broadcaster Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Broadcaster Content 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 or (b) slander, defame, or libel any other person; (3) your Broadcaster Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (4) unless you have received prior written authorization, your Broadcaster Content specifically does not contain any prerelease or non-public beta software or game content or any confidential information of Twitch or third parties. Twitch reserves all rights and remedies against any Broadcasters who breach these representations and warranties. Content is Uploaded at Your Own Risk. Twitch uses reasonable security measures in order to attempt to protect Broadcaster Content. However, Twitch cannot guarantee that there will be no unauthorized copying or distribution of Broadcaster Content nor will Twitch be liable for any copying or usage of the Broadcaster Content not authorized by Twitch. You hereby release and forever waive any claims you may have against Twitch for any such unauthorized copying or usage of the Broadcaster Content, under any theory. THE SECURITY MEASURES TO PROTECT BROADCASTER CONTENT USED BY TWITCH HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES. Prevention of Unauthorized Use of Broadcaster account. Unless expressly permitted in writing by Twitch, you may not sell, rent, lease, share or provide access to your Broadcaster account to any third party, including without limitation charging any remuneration (e.g. money) to any third party for access to administrative rights on your Broadcaster account. Twitch reserves all available legal rights and remedies to prevent unauthorized use of the Twitch Service, including, but not limited to, technological barriers, IP mapping, and in serious cases directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. Promotions Broadcasters may promote, administer or conduct a promotion on, through or utilizing Twitch (a "Promotion"). If you are a Broadcaster and you choose to promote, administer or conduct a Promotion, you must follow the following rules: You may carry out Promotions to the extent permitted by applicable local law and you are solely responsible for ensuring that you and any Promotions comply with any and all applicable local law obligations and restrictions. You, at your expense, will be solely responsible for all aspects of your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Twitch has the right to remove your Promotion from the Twitch Service for any reason. Twitch is not responsible for and does not endorse or support any such Promotions. You may not indicate that Twitch is a sponsor or co-sponsor of the Promotion. ALL Broadcasters should display or read out the following when a Promotion is on their channel: "This is a promotion from [channel name] . Twitch does not sponsor or endorse broadcaster promotions and is not responsible for them". Endorsements/Testimonials You agree that your Broadcaster Content will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf) ("Guidelines"). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Twitch Service, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the Twitch Service, you agree to comply with the Guidelines' requirements for disclosing such relationships. You, and not Twitch, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Twitch Service. Third Party Content. In addition to the Broadcaster Content, Twitch may provide other third party content on the Twitch Services and may provide links to Web pages and content of third parties (collectively the " Third-Party Content ") as a service to those interested in this information. Twitch does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, nor we do not update or monitor it, therefore we are not responsible for any Third Party Content on the Twitch Service. Users use such Third-Party Content at their own risk. The Twitch Service may include links or references to other web sites or services solely as a convenience to Users (" Reference Sites "). Twitch does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Twitch Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. Prohibited Conduct. The Twitch Services may include interactive areas or services (" Interactive Areas "), such as chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Twitch Services (" User Content " and collectively with Broadcaster Content, " Content "). You are solely responsible for your use of such Interactive Areas and use them at your own risk. BY USING THE TWITCH SERVICE, INCLUDING THE INTERACTIVE AREAS, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Twitch Service. I. You agree that you will comply with these Terms of Service and Community Guidelines and will not: use the Twitch Service for any purposes except to disseminate or receive original or appropriately licensed content and/or to access the Twitch Service; rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms of Service or any Materials (as defined in section 4); post, upload, or distribute any defamatory, libellous, or inaccurate Content; impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Twitch Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Twitch Service, or perform any other similar fraudulent activity; delete the copyright or other proprietary rights notices on the Twitch Service or Content; make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Twitch Service, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities; harvest or collect the email addresses or other contact information of other users from the Twitch Service for the purpose of sending spam or other commercial messages; use the Twitch Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; defame, harass, abuse, threaten or defraud Users of the Twitch Service, or collect, or attempt to collect, personal information about Users or third parties without their consent; remove, circumvent, disable, damage or otherwise interfere with security-related features of the Twitch Service or Content, features that prevent or restrict use or copying of any content accessible through the Twitch Service, or features that enforce limitations on the use of the Twitch Service or Content; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Twitch Service or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence; modify, adapt, translate or create derivative works based upon the Twitch Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; intentionally interfere with or damage operation of the Twitch Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; relay email from a third party's mail servers without the permission of that third party; use any robot, spider, scraper, crawler or other automated means to access the Twitch Service for any purpose or bypass any measures Twitch may use to prevent or restrict access to the Twitch Service; manipulate identifiers in order to disguise the origin of any Content transmitted through the Twitch Service; interfere with or disrupt the Twitch Service or servers or networks connected to the Twitch Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Twitch Service; use the Twitch Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Twitch Service, or that could damage, disable, overburden or impair the functioning of the Twitch Service in any manner; use or attempt to use another user's account without authorization from that user and Twitch; attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Twitch Service that you are not authorized to access; or attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose. II. Further, BY USING THE TWITCH SERVICE, INCLUDING THE INTERACTIVE AREAS YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the Twitch Service any of the following: Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; viruses, corrupted data or other harmful, disruptive or destructive files; and Content that, in the judgment of Twitch, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Twitch Service, or which may expose Twitch or our users to any harm or liability. Twitch takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Twitch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Twitch Service is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at Twitch's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Twitch Service will not contain any content that is prohibited by such rules. As a provider of interactive services, Twitch is not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. Twitch does not endorse any Content or any opinion, recommendation or advice expressed therein, and Twitch expressly disclaims any and all liability in connection with Content. Although Twitch has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Twitch reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Twitch Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Twitch Service at your sole cost and expense. Any use of the Interactive Areas or other portions of the Twitch Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Twitch Service. Rights in User Content. If you submit or post User Content to the Twitch Service you grant Twitch a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant Twitch and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose. By submitting or posting User Content to the Twitch Service, you agree that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Twitch Service; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting of that User Content in connection with the Twitch Service, does not and will not violate these Terms of Service or any applicable law, rule or regulation in your country or elsewhere. Account Account and Password. You may wish to open a Twitch account with us for a number of reasons, including a more personalized Twitch experience or to upload and/or download or purchase content or any products, services, or information from Twitch. In order to open an account, you will asked to provide us with certain information like an account name and password (all of which will be protected by our Privacy Policy). Once you have a Twitch account you can purchase products and services (including subscriptions) via Twitch. The Twitch Terms of Sale explain how this works – please read carefully this important document, which is incorporated by reference into these Terms of Service (this means they legally form part of this document). While Twitch uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to Twitch on registration and at all other times information which will be true, accurate, current, complete and kept up to date to the best of your ability. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify Twitch at legal@twitch.tv. Third Party Accounts. Twitch may permit you to register for and log onto the Twitch Service via certain third party social networks, such as by using Facebook Connect. If you log in via such social networks, the profile information connected to the account you use to log into the Twitch Service, including your name, may be used by Twitch in order to provide and support your account. You also acknowledge and agree that Twitch may publish information regarding your use of the Twitch Service to and in connection with any such third party social network with which you use the Twitch Service (unless you tell us otherwise). Termination. Twitch reserves the right, without notice and in our sole discretion, to terminate your license to use the Twitch Service (including to post Broadcaster Content), and to block or prevent your future access to and use of the Twitch Service. This includes Twitch having the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions or Turbo accounts. Your only remedy with respect to any dissatisfaction with (i) the Twitch Service, (ii) any term of these Terms of Service, (iii) any policy or practice of Twitch in operating the Twitch Service, or (iv) any content or information transmitted through the Twitch Service, is to terminate your account and discontinuing use of any and all parts of the Twitch Service. In serious cases of breach of these Terms of Service (for example, infringement of Twitch's intellectual property rights or actions causing it financial loss), Twitch may consider it appropriate to take legal action against you (though we will try to resolve matters amicably with you if possible). Indemnification. The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union): You agree to indemnify, defend, and hold harmless Twitch, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Twitch Service, any Content you post, store or otherwise transmit in or through the Twitch Service, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Twitch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Twitch, and you agree to cooperate with Twitch's defense of these claims. Twitch will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. If you are a Broadcaster, the forgoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Broadcaster Content. Disclaimers; No Warranties. The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union): TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE TWITCH SERVICE AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TWITCH; (B) TWITCH, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (" TWITCH PARTIES ") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE TWITCH SERVICE, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) TWITCH DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE TWITCH SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) TWITCH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE TWITCH ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE TWITCH SERVICE SAFE, TWITCH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE TWITCH SERVICE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWITCH OR THROUGH THE TWITCH SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 18, THE TERM "TWITCH" INCLUDES TWITCH'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. Limitation of Liability and Damages. Users in the USA and rest of the world (non-EU): The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union): Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL TWITCH OR THE TWITCH PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE TWITCH SERVICE, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TWITCH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TWITCH'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TWITCH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE TWITCH SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TWITCH SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN TWITCH AND RECEIVED THROUGH OR ADVERTISED ON THE TWITCH SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT TWITCH HAS OFFERED THE TWITCH SERVICES, BROADCASTER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TWITCH, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TWITCH. TWITCH WOULD NOT BE ABLE TO PROVIDE THE TWITCH SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. Users in the European Union. The following section only applies to you if you are a consumer resident in the European Union: Neither Twitch and its affiliates and partners in all cases, nor you (if you are an individual customer), will be responsible for: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and us when the Terms of Service were agreed or updated as applicable. If you are a Subscribing Organization (as defined in section 1 of these Terms of Service) then you are not granted any rights under this section. Applicable Law and Venue PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TWITCH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TWITCH. You and Twitch agree to arbitrate any dispute arising from these Terms of Service or your use of the Twitch Service, except that you and Twitch are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Twitch agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Twitch shall be sent to Justin.tv, Inc. dba Twitch, Attn: Legal, 225 Bush Street, 9th Floor, San Francisco, CA 94104. You and Twitch further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Santa Clara County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Santa Clara County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Twitch will not commence against the other a class action, class arbitration or other representative action or proceeding. Miscellaneous. Notice. Twitch may provide you with notices, including those regarding changes to Twitch's terms and conditions, by email, regular mail or postings on the Twitch Service. Notice will be deemed given twenty-four hours after email is sent, unless Twitch is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Twitch Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Twitch Service is deemed given 30 days following the initial posting. Waiver. The failure of either you or us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party. Severability. If any provision of these Terms of Service or any guidelines is held to be unlawful, void, or for any reason unenforceable, then for both you and us that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. Assignment. These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Twitch without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. Survival. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11(b)(ii), 11(c), 11(d), 12, 15-20. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and will not be deemed to limit or affect any of the provisions of it. Entire Agreement. The Terms of Service, together with the Terms of Sale, the Privacy Policy and the Guidance, is the entire agreement between you and Twitch relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service or Guidelines made by Twitch as set forth in Section 6 above. Claims. If you are a consumer resident in the European Union and you disagree with the above, we encourage you contact us as soon as possible after you start using the Twitch Service at legal@twitch.tv since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances). The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union): YOU AND TWITCH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TWITCH SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Disclosures. The Twitch Service is offered by Twitch Interactive, Inc., located at: 225 Bush Street, 9th Floor, San Francisco, CA 94104 and email: help@twitch.tv. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Requests for User Information All requests for information or documents must be made using the appropriate level of legal process, and must be properly served on Twitch via the Corporation Service Company (CSC), Twitch's national registered agent. Please find below the California address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website): Twitch Interactive, Inc. c/o Corporation Service Company 2710 Gateway Oaks Drive, Suite 150N Sacramento CA 95833 Please note that Twitch does not accept requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (e.g. the Twitch username: http://www.twitch.tv/username), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g. a limited time period) will facilitate efficient processing of your request. Twitch Privacy Policy Last modified on 10/04/2016 Welcome to the web site www.twitch.tv , and any other web sites, applications, or services provided, owned, or operated by Twitch Interactive, Inc. “("Twitch") that link to this Privacy Policy (collectively, the "Twitch Service"). Twitch values the privacy of users, subscribers, publishers, members, and others who visit and use the Twitch Service (collectively or individually, "you" or "users") and wants you to be familiar with how we collect, use, and disclose information from and about you. There are many different ways you can use the Twitch Service (e.g., to view live broadcasts, upload content, communicate with others). Once you publish information publicly on the Twitch Service - such as when you broadcast content, participate in a chat room, post profile information, follow a channel, or subscribe to a broadcast channel – that information may be collected and used by others, so only share what you would want to be public. There are also ways in which you directly share information with Twitch; one example is by creating an account. By agreeing to this Privacy Policy in your Twitch account setup, or by using the Twitch Service, you expressly consent to the information handling practices described in this Policy. Table of Contents Information Twitch Collects How Twitch Uses Information When Twitch Discloses Information Your Choices Account Closure and Deletion Advertisers and Analytics Providers Do Not Track Data Security Children's Privacy Merger or Sale Changes and Updates to this Privacy Policy Twitch Contact Information California Privacy Rights Information Twitch Collects User-provided Information : You may provide a variety of information about yourself to us, such as your name, email address, postal mailing address, telephone number, credit card number, and billing information when you register for a Twitch Service; upload, purchase, view, or download certain content or products from the Twitch Service, enter contests or sweepstakes; or otherwise use the features and functionality of the Twitch Service. Automatically Collected Information : When you access the Twitch Service or open one of our emails, we may automatically record and store certain information about your system by using cookies and other types of technologies. Cookies are small text files containing a string of alphanumeric characters that are sent to your browser. For information about what cookies are, how they work, how Twitch uses them, and how to remove them, please see our cookie policy at http://www.twitch.tv/p/cookie-policy. Information we automatically collect may include Internet Protocol address (" IP Address "), a unique user ID, device type, device identifiers, browser types and language, referring and exit page addresses, platform type, version of software installed, system type, the content and pages that you access on the Twitch Service, the number of clicks made, the amount of time spent on pages, the dates and times that you visit the Twitch Service, and other similar information. Examples of how Twitch uses automatically collected information include to: (a) automatically update the Twitch application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the Twitch Service; (c) provide customized advertisements, content, and information; (d) monitor the effectiveness of marketing campaigns; (e) monitor and store aggregate site usage metrics such as total number of visitors and pages accessed; and (f) track your entries, submissions, and status in any promotions or other activities. Information from Other Sources : We may obtain information about you from third parties and sources other than the Twitch Service, such as advertisers or social media networks for which you have approved our access to information (e.g., information from your Facebook account provided by the Facebook APIs). When you access the Twitch Service through social media networks or when you connect a Twitch Service to social media networks, you are authorizing Twitch to collect, store, and use such information and content in accordance with this Privacy Policy. We may also obtain information from third party services regarding your use of such services, including about your use of the content you choose to broadcast through the Twitch Service. If we combine or associate information from other sources with information that we collect through the Twitch Service, we will treat the combined information in accordance with this Privacy Policy. Back to top How Twitch Uses Information Twitch uses the information that you provide or that we collect from or about you to: operate, maintain, enhance, provide, create, and develop all of the features, functionality, and services (new or existing) found on the Twitch Service; improve your experience with the Twitch Service by delivering content that we hope you will find relevant and interesting, including advertising and marketing messages; allow you to comment on content, and participate in online games, contests, or rewards programs; and understand the usage trends of our users. We use your email address for administrative communications such as notifying you of major Twitch Service updates, for customer service purposes, or contacting you regarding any content that you have posted to or downloaded from the Twitch Service. Twitch may periodically send promotional materials or notifications to you related to the Twitch Service. If you want to stop receiving promotional materials, you can go to http://www.twitch.tv/settings once you have logged in to the Twitch Service or (for email) follow the unsubscribe instructions at the bottom of each email. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app. Back to top When Twitch Discloses Information Twitch does not share information that can identify you personally with third parties for their own marketing or promotional uses without your consent. We may share such information for the following purposes: We may disclose such information to service providers working on our behalf, such as, to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; or assist Twitch in improving the Twitch Service and creating new services and features. We require that these parties process such information in compliance with this Privacy Policy, we authorize them to use the information only for the purposes for which it is provided to them, and we require these parties to use reasonable confidentiality measures. If you connect to a third party service (such as Facebook, Twitter, or another third-party application) through an icon or link on the Twitch Service or otherwise link your Twitch account with a third party service, we may share information (such as your user name, the fact that your connection originated from the Twitch Service, and other relevant usage and diagnostic information) with such third party. With your consent, we may also send information about the content you watch or your activities on the Twitch Service to such third parties. The third party’s use of your information will be subject to that service's privacy policy and this Privacy Policy will not apply. Twitch may make information available to our affiliates (meaning entities controlled by, controlling, or under common control with Twitch). Affiliates include Amazon.com, Inc. and its subsidiaries. Twitch may disclose user information if we believe in good faith that such disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence); or respond to a court order, judicial or other government subpoena, or warrant in the manner legally required. Twitch also reserves the right to disclose information that we believe, in good faith, is appropriate or necessary to: take precautions against liability to Twitch; protect Twitch from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third party claims, or allegations to protect the security or integrity of the Twitch Service; or protect the rights, property, or safety of Twitch, our users, or others. Back to top Your Choices You may decline to share certain information with Twitch, in which case Twitch may not be able to provide to you some of the features and functionality found on the Twitch Service. To update, correct, or delete certain information and establish preferences regarding your profile on Twitch, visit the Settings Page, or contact privacy@twitch.tv. It is also possible to disable your account from the Settings Page. To access, review, correct, update, suppress, or otherwise limit Twitch’s use of information you have previously provided directly to Twitch, you may contact us (see Twitch Contact Information below). In your request, please include your email address, name, address, and telephone number and specify clearly what information is relevant to your request. We will try to comply with your request as soon as reasonably practicable. To protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times. Back to top Account Closure & Deletion If you would like to close your account and delete your profile information on Twitch go to http://www.twitch.tv/user/delete_account. Back to top Advertisers and Analytics Providers We may use third-party Web analytics services on our site, such as those of Google Analytics and Mixpanel; These service providers use a variety of tracking technologies such as cookies to analyze how users use the Twitch Service; The information collected will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Twitch Service; To learn about opting out of Google Analytics, please; click here. To opt out of Mixpanel, please click here. Because these opt outs are cookie-based, please note that if you get a new computer or device, install or start using a new browser, or erase or alter your browser's cookie file, you may need to opt out again. Twitch may allow advertisers, third-party advertising networks and third-party advertising serving companies to serve advertisements directly to you within the Twitch Service and other Twitch sites, services and software. By serving these advertisements directly to you, these companies can set their own cookies on your computer and trigger their own Web beacons and other tracking technologies to measure the effectiveness of their advertisements, and to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in personalizing the advertising content delivered to you. Twitch does not provide information that personally identifies you to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Twitch to show an advertisement to a certain audience (for example, males age 15 to 18) or audience segment (for example, males age 15 to 18 who have participated in certain promotions) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach. This Privacy Policy does not apply to, and we cannot control the tracking technologies and activities of, those other advertisers, third-party advertising networks, or third-party advertising servers. You should consult the respective privacy policies of these advertisers, third-party advertising networks, or third-party advertising servers. For more information about third-party advertising networks and similar entities that use these technologies, see http://www.aboutads.info/consumers , and to opt-out of such ad networks' and services' advertising practices, go to the; Network Advertising Initiative opt-out page, the Digital Advertising Alliance opt-out page, or the Your Online Choices page. Twitch does not control which companies participate in these opt-out programs or how these companies honor their opt-out choices. Back to top Do Not Track Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the Network Advertising Initiative and the Digital Advertising Alliance opt-out links above. However, we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. Back to top Data Security Twitch uses a variety of managerial, technical, and physical measures to protect the integrity and security of your information. These measures may vary based on the sensitivity of your information. However, no security precautions or systems can be completely secure. We cannot ensure or warrant the security of any information you transmit to Twitch, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Back to top Children's Privacy IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE TWITCH SERVICE AT ANY TIME OR IN ANY MANNER. Protecting the privacy of young children is especially important. For that reason, Twitch does not knowingly collect or maintain personal information from persons under 13 years-of-age. If Twitch learns that personal information of persons under 13-years-of-age has been collected on or through the Twitch Service, Twitch will take the appropriate steps to delete this information. If you are the parent or legal guardian of a child under 13 who has become a Twitch Service member, then please contact Twitch at privacy@twitch.tv to have that child's account terminated and personal information deleted. Back to top Merger or Sale In the event that Twitch, or some or all assets related to the Twitch Service are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event. Back to top Changes and Updates to this Privacy Policy Twitch reserves the right to change, modify, add, or remove portions of this Privacy Policy at any time (for example to reflect updates to the Twitch Service or to reflect changes in the law). If Twitch changes this Privacy Policy, we will provide you notice of these changes, such as by sending an email, posting a notice on the Twitch Service, or updating the "Last Updated" date above. Please check this Privacy Policy periodically for those changes. Your continued use of the Twitch Service after the posting of changes constitutes your binding acceptance of such changes. Back to top Twitch Contact Information Please contact Twitch with any questions or comments about this Privacy Policy at 225 Bush Street, 9th Floor, San Francisco, CA 94104 or by email to privacy@twitch.tv. We will respond to your inquiry within 30 days of its receipt. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Back to top California Privacy Rights California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Twitch does not currently disclose personal information to third parties for their direct marketing purposes. Back to top Samsung Galaxy S3 End User License Agreement End User License Agreement for Software IMPORTANT. READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Samsung Electronics Co., Ltd. ("Samsung") for software, owned by Samsung and its affiliated companies and its third party suppliers and licensors, that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation in connection with your use of this device ("Software"). This device requires the use of preloaded software in its normal operation. BY USING THE DEVICE OR ITS PRELOADED SOFTWARE, YOU ACCEPT THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE DEVICE OR THE SOFTWARE. 1. GRANT OF LICENSE. Samsung grants you the following rights provided that you comply with all terms and conditions of this EULA: You may install, use, access, display and run one copy of the Software on the local hard disk(s) or other permanent storage media of one computer and use the Software on a single computer or a mobile device at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Software 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. Certain items of the Software may be subject to open source licenses. The open source license provisions may override some of the terms of this EULA. We make the applicable open source licenses available to you on the Legal Notices section of the Settings menu of your device. 2. RESERVATION OF RIGHTS AND OWNERSHIP. Samsung reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Samsung or its suppliers own the title, copyright and other intellectual property rights in the Software. The Software is licensed, not sold. 3. LIMITATIONS ON END USER RIGHTS. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the Software (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation), or modify, or disable any features of, the Software, or create derivative works based on the Software. You may not rent, lease, lend, sublicense or provide commercial hosting services with the Software. 4. CONSENT TO USE OF DATA. You agree that Samsung and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as IMEI (your device's unique identification number), device number, model name, customer code, access recording, your device's current SW version, MCC (Mobile Country Code), MNC (Mobile Network Code). Samsung and its affiliates may use this information solely to improve their products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. At all times your information will be treated in accordance with Samsung's Privacy Policy, which can be viewed at: http://account.samsung.com/membership/pp. 5. SOFTWARE UPDATES. Samsung may provide to you or make available to you updates, upgrades, supplements and add-on components (if any) of the Software, including bug fixes, service upgrades (parts or whole), products or devices, and updates and enhancements to any software previously installed (including entirely new versions), (collectively "Update") after the date you obtain your initial copy of the Software to improve the Software and ultimately enhance your user experience with your device. This EULA applies to all and any component of the Update that Samsung may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with such Update. To use Software provided through Update, you must first be licensed for the Software identified by Samsung as eligible for the Update. After the Update, you may no longer use the Software that formed the basis for your Update eligibility. The updated Software version may add new functions and, in some limited cases, may delete existing functions. While the Update will be generally available, in some limited circumstances, the Software updates will only be offered by your network carrier, and such Software updates will be governed by your contractual relationship with your network carrier. With the "Automatic Update" function enabled (as in the default setting in the System Update menu in the Setting), your device downloads some Updates automatically from time to time. Your device will, however, ask for your consent before installing any Update If you choose to disable the "Automatic Update" function, then you can check the availability of new Updates by clicking on the "Check Update" menu in the Setting. We recommend that you check availability of any new Updates periodically for optimal use of your device. If you want to avoid any use of network data for the Update downloads, then you should choose the "Wi-Fi Only" option in the Setting. (Regardless of the option you choose, the "Automatic Update" function downloads Updates only through Wi-Fi connection.) 6. Some features of the Software may require your device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. Unless your device is connected to the internet through Wi-Fi connection, the Software will access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Software may be affected by the suitability and performance of your device hardware or data access. 7. SOFTWARE TRANSFER. You may not transfer this EULA or the rights to the Software granted herein to any third party unless it is in connection with the sale of the mobile device which the Software accompanied. In such event, the transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA) and you may not retain any copies of the Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms. 8. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the Software, including all the applicable export restriction laws and regulations. 9. TERMINATION. This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from Samsung if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the Software and destroy all copies, full or partial, of the Software. 10. DISCLAIMER OF WARRANTY. UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR DEVICE, ALL SOFTWARE PROVIDED BY SAMSUNG WITH THIS MOBILE DEVICE (WHETHER INCLUDED WITH THE DEVICE, DOWNLOADED, OR OTHERWISE OBTAINED) IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG. 11. THIRD-PARTY APPLICATIONS. Certain third party applications may be included with, or downloaded to this mobile device. Samsung makes no representations whatsoever about any of these applications. Since Samsung has no control over such applications, you acknowledge and agree that Samsung is not responsible for the availability of such applications and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such applications. You expressly acknowledge and agree that use of third party applications is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. It is up to you to take precautions to ensure that whatever you select to use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. References on this mobile device to any names, marks, products, or services of any third-parties are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with the third party or its products and services. You agree that Samsung shall not be responsible or liable, directly or indirectly, for any damage or loss, including but not limited to any damage to the mobile device or loss of data, caused or alleged to be caused by, or in connection with, use of or reliance on any such third party content, products, or services available on or through any such application. You acknowledge and agree that the use of any third-party application is governed by such third party application provider's Terms of Use, License Agreement, Privacy Policy, or other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such third-party application provider, will be subject to such third party application provider's privacy policy, if such a policy exists. SAMSUNG DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY APPLICATION PROVIDER. SAMSUNG EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD PARTY APPLICATION PROVIDER. 12. SAMSUNG APPLICATIONS. Certain Samsung applications and services may be included with, or downloaded to, this mobile device. Many of them require Samsung Services membership registration ("Samsung Account"), and your rights and obligations will be set forth in separate Samsung Account terms and conditions and privacy policies. There are non-Samsung Account applications and services that require your consent to their separate terms and conditions and privacy policies. You expressly acknowledge and agree that your use of such applications and services will be subject to the applicable terms and conditions and privacy policies. 13. LIMITATION OF LIABILITY. SAMSUNG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SOFTWARE OR ANY THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, SAMSUNG ELECTRONIC CO.'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR THIRD PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS MOBILE DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 10, 11, 12 AND 13) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 14. U.S. GOVERNMENT END USERS RESTRICTED RIGHTS. The Software is licensed only with "restricted rights" and as "commercial items" consisting of "commercial software" and "commercial software documentation" with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All Products are provided only with "restricted rights" with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All Software and Products are provided subject to Federal Acquisition Regulation (FAR) 52.227.19. 15. APPLICABLE LAW. This EULA is governed by the laws of the jurisdiction where you are a resident or, if a resident of the United States, by the laws of the state of Texas, without regard to its conflict of law provisions. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 16. DISPUTE RESOLUTION. (a) Non-United States residents. If a dispute, controversy or difference arising in any way from this EULA or your use of the Software is not amicably settled, it shall be subject to the non-exclusive jurisdiction of the courts of the jurisdiction where you are a resident. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. (b) United States residents. ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS EULA OR YOUR USE OF THE SOFTWARE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with any other person's or entity's claim or dispute, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Texas, without reference to its choice of laws principles, shall govern the interpretation of the EULA and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the EULA. For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less ("Small Claim"), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant Samsung its attorney fees, expert witness fees or costs unless it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and Samsung shall pay the remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 ("Large Claim") shall be determined according to AAA rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs. Judgment may be entered on the arbitrator's award in any court of competent jurisdiction. This arbitration provision also applies to claims against Samsung's employees, representatives and affiliates if any such claim arises from the licensing or use of the Software. You may opt out of this dispute resolution procedure by providing notice to Samsung no later than 30 calendar days from the date of the first consumer purchaser's purchase of this device. To opt out, you must send notice by e-mail to optout@sta.samsung.com, with the subject line: "Arbitration Opt Out." You must include in the opt out e-mail (a) your name and address; (b) the date on which the device was purchased; (c) the device model name or model number; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the device box; (ii) on the device information screen, which can be found under "Settings;" (iii) on a label on the back of the device beneath the battery, if the battery is removable; and (iv) on the outside of the device if the battery is not removable). Alternatively, you may opt out by calling 1-888-987-4357 no later than 30 calendar days from the date of the first consumer purchaser's purchase of the device and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect your use of the device or its preloaded Software, and you will continue to enjoy the benefits of this license. 17. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Samsung relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Google Terms of Service Last modified: April 14, 2014 (view archived versions) Welcome to Google! Thanks for using our products and services (“Services”). The Services are provided by Google Inc. (“Google”), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. By using our Services, you are agreeing to these terms. Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. Using our Services You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. Our Services display some content that is not Google’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws. Your Google Account You may need a Google Account in order to use some of our Services. You may create your own Google Account, or your Google Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. To protect your Google Account, keep your password confidential. You are responsible for the activity that happens on or through your Google Account. Try not to reuse your Google Account password on third-party applications. If you learn of any unauthorized use of your password or Google Account, follow these instructions. Privacy and Copyright Protection Google’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Google can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Google’s policy about responding to notices in our Help Center. Your Content in our Services Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, submit, store, send or receive content to or through our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. If you have a Google Account, we may display your Profile name, Profile photo, and actions you take on Google or on third-party applications connected to your Google Account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Google Account. For example, you can choose your settings so your name and photo do not appear in an ad. You can find more information about how Google uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. About Software in our Services When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms. Modifying and Terminating our Services We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Google may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. Our Warranties and Disclaimers We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. Liability for our Services WHEN PERMITTED BY LAW, GOOGLE, AND GOOGLE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. Business uses of our Services If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. About these Terms We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Google and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts. For information about how to contact Google, please visit our contact page. Welcome to the Google Privacy Policy When you use Google services, you trust us with your information. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. This is important; we hope you will take time to read it carefully. And remember, you can find controls to manage your information and protect your privacy and security at My Account. Privacy Policy Hide examples Last modified: April 17, 2017 (view archived versions) Download PDF version There are many different ways you can use our services – to search for and share information, to communicate with other people or to create new content. When you share information with us, for example by creating a Google Account, we can make those services even better – to show you more relevant search results and ads, to help you connect with people or to make sharing with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy. Our Privacy Policy explains: What information we collect and why we collect it. How we use that information. The choices we offer, including how to access and update information. We’ve tried to keep it as simple as possible, but if you’re not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to Google so whether you are new to Google or a long-time user, please do take the time to get to know our practices – and if you have any questions contact us. Back to top Information we collect We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like which ads you’ll find most useful, the people who matter most to you online, or which YouTube videos you might like. We collect information in the following ways: Information you give us. For example, many of our services require you to sign up for a Google Account. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card to store with your account. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible Google Profile, which may include your name and photo. Information we get from your use of our services. We collect information about the services that you use and how you use them, like when you watch a video on YouTube, visit a website that uses our advertising services, or view and interact with our ads and content. This information includes: Device information We collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Google may associate your device identifiers or phone number with your Google Account. Log information When you use our services or view content provided by Google, we automatically collect and store certain information in server logs. This includes: details of how you used our service, such as your search queries. telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls. Internet protocol address. device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL. cookies that may uniquely identify your browser or your Google Account. Location information When you use Google services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide Google with information on nearby devices, Wi-Fi access points and cell towers. Unique application numbers Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to Google when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates. Local storage We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches. Cookies and similar technologies We and our partners use various technologies to collect and store information when you visit a Google service, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services we offer to our partners, such as advertising services or Google features that may appear on other sites. Our Google Analytics product helps businesses and site owners analyze the traffic to their websites and apps. When used in conjunction with our advertising services, such as those using the DoubleClick cookie, Google Analytics information is linked, by the Google Analytics customer or by Google, using Google technology, with information about visits to multiple sites. Information we collect when you are signed in to Google, in addition to information we obtain about you from partners, may be associated with your Google Account. When information is associated with your Google Account, we treat it as personal information. For more information about how you can access, manage or delete information that is associated with your Google Account, visit the Transparency and choice section of this policy. Back to top How we use information we collect We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect Google and our users. We also use this information to offer you tailored content – like giving you more relevant search results and ads. We may use the name you provide for your Google Profile across all of the services we offer that require a Google Account. In addition, we may replace past names associated with your Google Account so that you are represented consistently across all our services. If other users already have your email, or other information that identifies you, we may show them your publicly visible Google Profile information, such as your name and photo. If you have a Google Account, we may display your Profile name, Profile photo, and actions you take on Google or on third-party applications connected to your Google Account (such as +1’s, reviews you write and comments you post) in our services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Google Account. When you contact Google, we keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements. We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. One of the products we use to do this on our own services is Google Analytics. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer. When showing you tailored ads, we will not associate an identifier from cookies or similar technologies with sensitive categories, such as those based on race, religion, sexual orientation or health. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. We may combine personal information from one service with information, including personal information, from other Google services – for example to make it easier to share things with people you know. Depending on your account settings, your activity on other sites and apps may be associated with your personal information in order to improve Google’s services and the ads delivered by Google. We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy. Google processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live. Back to top Transparency and choice People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can: Review and update your Google activity controls to decide what types of data, such as videos you’ve watched on YouTube or past searches, you would like saved with your account when you use Google services. You can also visit these controls to manage whether certain activity is stored in a cookie or similar technology on your device when you use our services while signed-out of your account. Review and control certain types of information tied to your Google Account by using Google Dashboard. View and edit your preferences about the Google ads shown to you on Google and across the web, such as which categories might interest you, using Ads Settings. You can also visit that page to opt out of certain Google advertising services. Adjust how the Profile associated with your Google Account appears to others. Control who you share information with through your Google Account. Take information associated with your Google Account out of many of our services. Choose whether your Profile name and Profile photo appear in shared endorsements that appear in ads. You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences. Back to top Information you share Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines, including Google. Our services provide you with different options on sharing and removing your content. Back to top Accessing and updating your personal information Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems). Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems. Back to top Information we share We do not share personal information with companies, organizations and individuals outside of Google unless one of the following circumstances applies: With your consent We will share personal information with companies, organizations or individuals outside of Google when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information. With domain administrators If your Google Account is managed for you by a domain administrator (for example, for G Suite users) then your domain administrator and resellers who provide user support to your organization will have access to your Google Account information (including your email and other data). Your domain administrator may be able to: view statistics regarding your account, like statistics regarding applications you install. change your account password. suspend or terminate your account access. access or retain information stored as part of your account. receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request. restrict your ability to delete or edit information or privacy settings. Please refer to your domain administrator’s privacy policy for more information. For external processing We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. For legal reasons We will share personal information with companies, organizations or individuals outside of Google if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: meet any applicable law, regulation, legal process or enforceable governmental request. enforce applicable Terms of Service, including investigation of potential violations. detect, prevent, or otherwise address fraud, security or technical issues. protect against harm to the rights, property or safety of Google, our users or the public as required or permitted by law. We may share non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services. If Google is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy. Back to top Information security We work hard to protect Google and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular: We encrypt many of our services using SSL. We offer you two step verification when you access your Google Account, and a Safe Browsing feature in Google Chrome. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We restrict access to personal information to Google employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. Back to top When this Privacy Policy applies Our Privacy Policy applies to all of the services offered by Google Inc. and its affiliates, including YouTube, services Google provides on Android devices, and services offered on other sites (such as our advertising services), but excludes services that have separate privacy policies that do not incorporate this Privacy Policy. Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include Google services, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads. Back to top Compliance and cooperation with regulatory authorities We regularly review our compliance with our Privacy Policy. We also adhere to several self regulatory frameworks, including the EU-US and Swiss-US Privacy Shield Frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly. Back to top Changes Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review. Back to top Specific product practices The following notices explain specific privacy practices with respect to certain Google products and services that you may use: Chrome and Chrome OS Play Books Payments Fiber Project Fi G Suite for Education For more information about some of our most popular services, you can visit the Google Product Privacy Guide. Back to top Other useful privacy and security related materials Further useful privacy and security related materials can be found through Google’s policies and principles pages, including: Information about our technologies and principles, which includes, among other things, more information on how Google uses cookies. technologies we use for advertising. how we recognize patterns like faces. A page that explains what data is shared with Google when you visit websites that use our advertising, analytics and social products. The Privacy Checkup tool, which makes it easy to review your key privacy settings. Google’s safety center, which provides information on how to stay safe and secure online. Google Chrome Terms of Service These Terms of Service apply to the executable code version of Google Chrome. Source code for Google Chrome is available free of charge under open source software licence agreements at http://code.google.com/chromium/terms.html. 1. Your relationship with Google 1.1 Your use of Google’s products, software, services and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by Google under a separate written agreement) is subject to the terms of a legal agreement between you and Google. “Google” means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up and sets out some of the terms of that agreement. 1.2 Unless otherwise agreed in writing with Google, your agreement with Google will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”. Open-source software licences for Google Chrome source code constitute separate written agreements. To the limited extent that the open-source software licences expressly supersede these Universal Terms, the open-source licences govern your agreement with Google for the use of Google Chrome or specific included components of Google Chrome. 1.3 Your agreement with Google will also include the terms set forth below in the Google Chrome Additional Terms of Service and terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within or through your use of that Service. 1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Google in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”. 1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service. 2. Accepting the Terms 2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. 2.2 You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by Google in the user interface for any Service; or (B) by actually using the Services. In this case, you understand and agree that Google will treat your use of the Services as acceptance of the Terms from that point onwards. 3. Language of the Terms 3.1 Where Google has provided you with a translation of the English-language version of the Terms, you agree that the translation is provided for your convenience only and that the English-language versions of the Terms will govern your relationship with Google. 3.2 If there is any contradiction between what the English-language version of the Terms says and what a translation says, then the English-language version shall take precedence. 4. Provision of the Services by Google 4.1 Google has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. 4.2 Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services that Google provides may change from time to time, without prior notice to you. 4.3 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Google’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Google when you stop using the Services. 4.4 You acknowledge and agree that if Google disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account. 5. Use of the Services by you 5.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 5.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks that are connected to the Services). 5.3 Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. 5.4 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage that Google may suffer) of any such breach. 6. Privacy and your personal information 6.1 For information about Google’s data protection practices, please read Google’s privacy policy at http://www.google.com/privacy.html and at http://www.google.com/chrome/intl/en/privacy.html. This policy explains how Google treats your personal information, and protects your privacy, when you use the Services. 6.2 You agree to the use of your data in accordance with Google’s privacy policies. 7. Content in the Services 7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) that you may have access to as part of, or through your use of the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. 7.2 You should be aware that Content presented to you as part of the Services, including, but not limited to advertisements in the Services and sponsored Content within the Services, may be protected by intellectual property rights that are owned by the sponsors or advertisers who provide that Content to Google (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part), unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement. 7.3 Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Google may provide tools to filter out explicit sexual content. These tools include the SafeSearch preference settings (see https://support.google.com/websearch/answer/510?hl=en-GB). In addition, there are commercially available services and software to limit access to material that you may find objectionable. 7.4 You understand that by using the Services, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. 7.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services, and for the consequences of your actions (including any loss or damage that Google may suffer) by doing so. 8. Proprietary rights 8.1 You acknowledge and agree that Google (or Google’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). 8.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives you a right to use any of Google’s trade names, trade marks, service marks, logos, domain names and other distinctive brand features. 8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Google, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms and Google's brand-feature use guidelines, as updated from time to time. These guidelines can be viewed online at http://www.google.co.uk/permissions/guidelines.html (or such other URL as Google may provide for this purpose from time to time). 8.4 Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on or through the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf. 8.5 You agree that you shall not remove, obscure or alter any proprietary rights notices (including copyright and trade-mark notices) that may be affixed to or contained within the Services. 8.6 Unless you have been expressly authorised to do so in writing by Google, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos. 9. Licence from Google 9.1 Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Google as part of the Services provided to you by Google (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by the Terms. 9.2 Subject to section 1.2, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse-engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law or unless you have been specifically told that you may do so by Google, in writing. 9.3 Subject to section 1.2, unless Google has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. 10. Content licence from you 10.1 You retain copyright and any other rights that you already hold in Content which you submit, post or display on or through the Services. 11. Software updates 11.1 The Software that you use may download and install updates automatically, from time to time, from Google. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Google to deliver these to you) as part of your use of the Services. 12. Ending your relationship with Google 12.1 The Terms will continue to apply until terminated either by you or Google, as set out below. 12.2 Google may, at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in a manner that clearly shows that you do not intend to or are unable to comply with the provisions of the Terms); or (B) Google is required to do so by law (for example, where the provision of the Services to you is or becomes unlawful); or (C) the partner with whom Google offered the Services to you has terminated its relationship with Google or ceased to offer the Services to you; or (D) Google is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by Google is, in Google’s opinion, no longer commercially viable. 12.3 Nothing in this Section shall affect Google’s rights regarding provision of Services under Section 4 of the Terms. 12.4 When these Terms come to an end, all the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely. 13. EXCLUSION OF WARRANTIES 13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”. 13.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE 13.4 USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE. OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 13.6 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 14. LIMITATION OF LIABILITY 14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES THAT GOOGLE MAY MAKE TO THE SERVICES OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; 14.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY, WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 15. Copyright and trade mark policies 15.1 It is Google’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeated infringers. Details of Google’s policy can be found at http://www.google.co.uk/dmca.html. 15.2 Google operates a trade mark complaints procedure in respect of Google’s advertising business, details of which can be found at http://www.google.co.uk/tm_complaint.html. 16. Advertisements 16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. 16.2 The manner, mode and extent of advertising by Google on the Services are subject to change without specific notice to you. 16.3 In consideration for Google granting you access to and use of the Services, you agree that Google may place such advertising on the Services. 17. Other content 17.1 The Services may include hyperlinks to other websites, or content or resources. Google may have no control over any websites or resources that are provided by companies or persons other than Google. 17.2 You acknowledge and agree that Google is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products or other materials on or available from such websites or resources. 17.3 You acknowledge and agree that Google is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such websites or resources. 18. Changes to the Terms 18.1 Google may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Google will make a new copy of the Universal Terms available at http://www.google.com/chrome/intl/en-GB/eula_text.html and any new Additional Terms will be made available to you from within or through the affected Services. 18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Google will treat your use as acceptance of the updated Universal Terms or Additional Terms. 19. General legal terms 19.1 Sometimes, when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. 19.2 The Terms constitute the whole legal agreement between you and Google and govern your use of the Services (but exclude any services that Google may provide to you under a separate written agreement) and completely replace any prior agreements between you and Google in relation to the Services. 19.3 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, letter post or postings on the Services. 19.4 You agree that if Google does not exercise or enforce any legal right or remedy that is contained in the Terms (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google’s rights and that those rights or remedies will still be available to Google. 19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. 19.6 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third-party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce and rely upon any provision of the Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third-party beneficiaries to the Terms. 19.7 The Terms and your relationship with Google under the Terms shall be governed by the laws of the State of California, without regard to its conflict-of-laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 20. Additional Terms for Extensions for Google Chrome 20.1 These terms in this section apply if you install extensions on your copy of Google Chrome. Extensions are small software programmes, developed by Google or third parties that can modify and enhance the functionality of Google Chrome. Extensions may have greater privileges to access your browser or your computer than regular web pages, including the ability to read and modify your private data. 20.2 From time to time, Google Chrome may check with remote servers (hosted by Google or by third parties) for available updates to extensions, including, but not limited to bug fixes or enhanced functionality. You agree that such updates will be requested automatically, downloaded and installed without further notice to you. 20.3 From time to time, Google may discover an extension that violates Google developer terms or other legal agreements, laws, regulations or policies. Google Chrome will periodically download a list of such extensions from Google’s servers. You agree that Google may remotely disable or remove any such extension from user systems at its sole discretion. 21. Additional Terms for Enterprise Use 21.1 If you are a business entity, then the individual accepting on behalf of the entity (for the avoidance of doubt, for business entities, in these Terms, "you" means the entity) represents and warrants that he or she has the authority to act on your behalf, that you represent that you are duly authorised to do business in the country or countries where you operate and that your employees, officers, representatives and other agents accessing the Service are duly authorised to access Google Chrome and to legally bind you to these Terms. 21.2 Subject to the Terms and in addition to the licence grant in Section 9, Google grants you a non-exclusive, non-transferable licence to reproduce, distribute, install and use Google Chrome solely on machines intended for use by your employees, officers, representatives and agents in connection with your business entity, and provided that their use of Google Chrome will be subject to the Terms. 12 August 2010 Google Chrome Additional Terms of Service MPEGLA THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENCE 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 WAS OBTAINED FROM A VIDEO PARTNER LICENSED TO PROVIDE AVC VIDEO. NO LICENCE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM. Adobe Google Chrome may include one or more components provided by Adobe Systems Incorporated and Adobe Software Ireland Limited (collectively, “Adobe”). Your use of the Adobe software, as provided by Google (“Adobe Software”), is subject to the following additional terms (the “Adobe Terms”). You, the entity receiving the Adobe Software, will be hereinafter referred to as “Sublicensee”. 1. License Restrictions. (a) Flash Player, Version 10.x is designed only as a browser plug-in. Sublicensee may not modify or distribute this Adobe Software for use as anything but a browser plug-in for playing back content on a web page. For example, Sublicensee will not modify this Adobe Software in order to allow interoperation with applications that run outside the browser (e.g. stand-alone applications, widgets, device UI). (b) Sublicensee will not expose any APIs of the Flash Player, Version 10.x through a browser plug-in interface in such a way that allows such extension to be used to play back content from a web page as a stand-alone application. (c) The Chrome-Reader Software may not be used to render any PDF or EPUB documents that utilise digital-rights management protocols or systems other than Adobe DRM. (d) Adobe DRM must be enabled in the Chrome-Reader Software for all Adobe DRM-protected PDF and EPUB documents. (e) The Chrome-Reader Software may not, other than as explicitly permitted by the technical specifications, disable any capabilities provided by Adobe in the Adobe Software, including, but not limited to, support for PDF and EPUB formats and Adobe DRM. 2. Electronic Transmission. Sublicensee may allow the download of the Adobe Software from a website, the Internet, an intranet or similar technology (“Electronic Transmissions”), provided that Sublicensee agrees that any distributions of the Adobe Software by Sublicensee, including those on CD-ROM, DVD-ROM or other storage media and Electronic Transmissions, if expressly permitted, shall be subject to reasonable security measures to prevent unauthorised use. With relation to Electronic Transmissions approved hereunder, Sublicensee agrees to employ any reasonable usage restrictions set by Adobe, including those related to security and/or the restriction of distribution to end users of the Sublicensee's Product. 3. EULA and Distribution Terms. (a) Sublicensee shall ensure that the Adobe Software is distributed to end users under an enforceable end-user licence agreement, in favour of Sublicensee and its suppliers, containing at least each of the following minimum terms (the “End-User Licence”): (i) a prohibition against distribution and copying, (ii) a prohibition against modifications and derivative works, (iii) a prohibition against decompiling, reverse-engineering, disassembling and otherwise reducing the Adobe Software to a human-perceivable form, (iv) a provision indicating ownership of Sublicensee's Product (as defined in Section 8) by Sublicensee and its licensors, (v) a disclaimer of indirect, special, incidental, punitive and consequential damages and (vi) other industry-standard disclaimers and limitations, including, as applicable: a disclaimer of all applicable statutory warranties, to the full extent allowed by law. (b) Sublicensee shall ensure that the Adobe Software is distributed to Sublicensee’s distributors under an enforceable distribution licence agreement, in favour of Sublicensee and its suppliers, containing terms as protective of Adobe as the Adobe Terms. 4. Open Source. Sublicensee will not directly or indirectly grant, or purport to grant, to any third party any rights or immunities under Adobe’s intellectual property or proprietary rights that will subject such intellectual property to an open-source licence or scheme in which there is, or could be interpreted to be, a requirement that as a condition of use, modification and/or distribution, the Adobe Software be: (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge. For clarification purposes, the foregoing restriction does not preclude Sublicensee from distributing, and Sublicensee will distribute the Adobe Software as bundled with the Google Software, without charge. 5. Additional Terms. With respect to any update, upgrade, new versions of the Adobe Software (collectively “Upgrades”) provided to Sublicenses, Adobe reserves the right to require additional terms and conditions applicable solely to the Upgrade and future versions thereof, and solely to the extent that such restrictions are imposed by Adobe on all licensees of such Upgrade. If Sublicensee does not agree to such additional terms or conditions, Sublicensee will have no licence rights with respect to such Upgrade, and Sublicensee’s licence rights with respect to the Adobe Software will terminate automatically on the 90th day from the date that such additional terms are made available to Sublicensee. 6. Proprietary Rights Notices. The Sublicensee shall not, and shall require its distributors not to, delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any) appearing on or within the Adobe Software or accompanying materials. 7. Technical Requirements. Sublicensee and its distributors may only distribute Adobe Software and/or Upgrade on devices that (i) meet the technical specifications posted on http://www.adobe.com/mobile/licensees, (or a successor web site thereto), and (ii) has been verified by Adobe as set forth below. 8. Verification and Update. Sublicensee must submit to Adobe each Sublicensee product (and each version thereof) containing the Adobe Software and/or Upgrade (“Sublicensee Product”) that do not meet the Device Verification exemption criteria to be communicated by Google, for Adobe to verify. Sublicensee shall pay for each submission made by Sublicensee by procuring verification packages at Adobe’s then-current terms set forth at http://flashmobile.adobe.com/. Sublicensee Product that has not passed verification may not be distributed. Verification will be accomplished in accordance with Adobe’s then-current process described at http://flashmobile.adobe.com/ (“Verification”). 9. Profiles and Device Central. Sublicensee will be prompted to enter certain profile information about the Sublicensee Products either as part of the Verification process or some other method, and Sublicensee will provide such information, to Adobe. Adobe may (i) use such profile information as reasonably necessary to verify the Sublicensee Product (if such product is subject to Verification), and (ii) display such profile information in “Adobe Device Intelligence system”, located at https://devices.adobe.com/partnerportal/, and made available through Adobe’s authoring and development tools and services to enable developers and end users to see how content or applications are displayed in Sublicensee Products (e.g. how video images appear in certain phones). 10. Export. Sublicensee acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, which may include the Adobe Software. Sublicensee agrees that it will not export or re-export the Adobe Software without the appropriate United States and foreign governmental clearances, if any. 11. Technology Pass-through Terms. (a) Except pursuant to applicable permissions or agreements therefore, from or with the applicable parties, Sublicensees shall not use and shall not allow the use of, the Adobe Software for the encoding or decoding of mp3 audio only (.mp3) data on any non-pc device (e.g. mobile phone or set-top box), nor may the mp3 encoders or decoders contained in the Adobe Software be used or accessed by any product other than the Adobe Software. The Adobe Software may be used for the encoding or decoding of MP3 data contained within a swf or flv file, which contains video, picture or other data. Sublicensee shall acknowledge that use of the Adobe Software for non-PC devices, as described in the prohibitions in this section, may require the payment of licensing royalties or other amounts to third parties who may hold intellectual property rights related to the MP3 technology and that Adobe nor Sublicensee has not paid any royalties or other amounts on account of third party intellectual property rights for such use. If Sublicensee requires an MP3 encoder or decoder for such use, Sublicensee is responsible for obtaining the necessary intellectual property license, including any applicable patent rights. (b) Sublicensee will not use, copy, reproduce and modify (i) the On2 source code (provided hereunder as a component of the Source Code) as necessary to enable the Adobe Software to decode video in the Flash video file format (.flv or .f4v), and (ii) the Sorenson Spark source code (provided hereunder as a component of the Source Code) for the limited purpose of making bug fixes and performance enhancements to the Adobe Software. All codecs provided with the Adobe Software may only be used and distributed as an integrated part of the Adobe Software and may not be accessed by any other application, including other Google applications. (c) The Source Code may be provided with an AAC codec and/or HE-AAC codec (“the AAC Codec”). Use of the AAC Codec is conditioned on Sublicensee obtaining a proper patent licence covering necessary patents as provided by VIA Licensing, for end products on or in which the AAC Codec will be used. Sublicensee acknowledges and agrees that Adobe is not providing a patent licence for an AAC Codec under this Agreement to Sublicensee or its sublicensees. (d) THE SOURCE CODE MAY CONTAIN CODE LICENSED UNDER THE AVC PATENT PORTFOLIO LICENCE FOR THE PERSONAL 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 NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENCE IS GRANTED OR WILL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. See http://www.mpegla.com 12. Update. The Sublicensee will not circumvent Google’s or Adobe’s efforts to update the Adobe Software in all the Sublicensee’s products incorporating the Adobe Software as bundled with the Google Software (“Sublicensee Products”). 13. Attribution and Proprietary Notices. The Sublicensee will list the Adobe Software in publicly available Sublicensee Product specifications and include appropriate Adobe Software branding (specifically excluding the Adobe corporate logo) on the Sublicensee Product packaging or marketing materials in a manner consistent with branding of other third-party products contained within the Sublicensee Product. 14. No Warranty. THE ADOBE SOFTWARE IS MADE AVAILABLE TO SUBLICENSEE FOR USE AND REPRODUCTION “AS IS” AND ADOBE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE ADOBE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO SUBLICENSEE IN SUBLICENSEE’S JURISDICTION, ADOBE AND ITS SUPPLIERS 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, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. SUBLICENSEE AGREES THAT SUBLICENSEE SHALL NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF ADOBE. 15. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO SUBLICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN SUBLICENSEE’S JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE THOUSAND DOLLARS (US$1,000). Nothing contained in this Agreement limits Adobe’s liability to Sublicensee in the 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 for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. 16. Content Protection Terms (a) Definitions. “Compliance and Robustness Rules” means the document setting forth compliance and robustness rules for the Adobe Software located at http://www.adobe.com/mobile/licensees, or a successor website thereto. “Content Protection Functions” means those aspects of the Adobe Software that are designed to ensure compliance with the Compliance and Robustness Rules, and to prevent playback, copying, modification, redistribution or other actions with respect to digital content distributed for consumption by users of the Adobe Software when such actions are not authorised by the owners of such digital content or its licensed distributors. “Content Protection Code” means code within certain designated versions of the Adobe Software that enables certain Content Protection Functions. “Key” means a cryptographic value contained in the Adobe Software for use in decrypting digital content. (b) Licence Restrictions. Sublicensee’s right to exercise the licences with respect to the Adobe Software is subject to the following additional restrictions and obligations. Sublicensee will ensure that Sublicensee’s customers comply with these restrictions and obligations to the same extent imposed on Sublicensee with respect to the Adobe Software; any failure by Sublicensee’s customers to comply with these additional restrictions and obligations shall be treated as a material breach by Sublicensee. b.1. (b.1) The Sublicensee and customers may only distribute the Adobe Software that meets the Robustness and Compliance Rules as so confirmed by the Sublicensee during the verification process described above in the Adobe Terms. b.2. {0}b.2. Sublicensee shall not (i) circumvent the Content Protection Functions of either the Adobe Software or any related Adobe Software that is used to encrypt or decrypt digital content for authorised consumption by users of the Adobe Software or (ii) develop or distribute products that are designed to circumvent the Content Protection Functions of either the Adobe Software or any Adobe Software that is used to encrypt or decrypt digital content for authorised consumption by users of the Adobe Software.{1}{2}{3}{4}{5}{6}{7} (c) The Keys are hereby designated as Adobe’s Confidential Information, and Sublicensee will, with respect to the Keys, adhere to Adobe’s Source Code Handling Procedure (to be provided by Adobe upon request). (d) Injunctive Relief. Sublicensee agrees that a breach of this Agreement may compromise the Content Protection Functions of the Adobe Software and may cause unique and lasting harm to the interests of Adobe and owners of digital content that rely on such Content Protection Functions, and that monetary damages may be inadequate to compensate fully for such harm. Therefore, Sublicensee further agrees that Adobe may be entitled to seek injunctive relief to prevent or limit the harm caused by any such breach, in addition to monetary damages. 17. Intended Third-party Beneficiary. Adobe Systems Incorporated and Adobe Software Ireland Limited are the intended third-party beneficiaries of Google’s agreement with Sublicensee with respect to the Adobe Software, including but not limited to, the Adobe Terms. Sublicensee agrees, notwithstanding anything to the contrary in its agreement with Google, that Google may disclose Sublicensee’s identity to Adobe and certify in writing that Sublicensee has entered into a licence agreement with Google that includes the Adobe Terms. Sublicensee must have an agreement with each of its licensees and if such licensees are allowed to redistribute the Adobe Software, such agreement will include the Adobe Terms. Google Chrome Privacy Notice Archive date: November 30, 2016 Learn how to control the information that's collected, stored, and shared when you use the Google Chrome browser on your computer or mobile device, Chrome OS, and Safe Browsing. Although this policy describes features that are specific to Chrome, any personal information that is provided to Google or stored in your Google Account will be used and protected in accordance with the Google Privacy Policy. If you enable Google Play apps on your Chromebook, the use and protection of information collected by Google Play or the Android operating system is governed by the Play Terms of Service and Google Privacy Policy. Details specific to Chrome are provided in this Notice where relevant. Details about the Privacy Notice In this Privacy Notice, we use the term "Chrome" to refer to all the products in the Chrome family listed above. If there are differences in our policy between products, we'll point them out. "Beta," "Dev," or "Canary" versions of Chrome let you test new features still being created in Chrome. This Privacy Notice applies to all versions of Chrome, but might not be up-to-date for features still under development. For step-by-step guides to managing your privacy preferences, read this overview of Chrome's privacy controls. Table of contents: Browser modes Managing users in Chrome Safe Browsing policies Policy on using apps, extensions, themes, services, and other add-ons Server log privacy information More information Browser modes You don't need to provide any personal information to use Chrome, but Chrome has different modes that you can use to change or improve your browsing experience. Privacy practices are different depending on the mode that you're using. Basic browser mode The basic browser mode stores information locally on your system. This information might include: Browsing history information. For example, Chrome stores the URLs of pages that you visit, a cache of text, images and other resources from those pages, and, if the network actions prediction feature is turned on, a list of some of the IP addresses linked from those pages. Personal information and passwords, to help you fill out forms or sign in to sites you visit. A list of permissions that you have granted to websites. Thumbnail-sized screenshots of pages that you visit most often. Cookies or data from websites that you visit. Data saved by add-ons. A record of what you downloaded from websites. You can manage this information in several ways: You can delete your browsing history information. You can clear your cookies and site data by visiting the Cookies and Site Data dialog at chrome://settings/clearBrowserData. You can stop Chrome from accepting cookies from Google or other sites. Learn more. You can review stored passwords in Chrome settings. Learn more. You can view and manage your stored Autofill information. Learn more. The personal information that Chrome stores won't be sent to Google unless you choose to store that data in your Google Account by signing in to Chrome. Signing in enables Chrome’s synchronization feature. How Chrome handles your information Information for website operators. Sites that you visit using Chrome will automatically receive standard log information, including your system’s IP address and data from cookies or similar technologies. In general, the fact that you use Chrome to access Google services, such as Gmail, does not cause Google to receive any additional personally identifying information about you. On Google websites and other websites that opt in, if Chrome detects signs that you are being actively attacked by someone on the network (a "man in the middle attack"), Chrome may send information about that connection to Google or the website you visited to help determine the extent of the attack and how the attack functions. Google provides participating website owners with reports about attacks occurring on their sites. Prerendering. To load web pages faster, Chrome has a setting that can look up the IP addresses of links on a web page and open network connections. Sites and Android apps can also ask the browser to preload the pages you might visit next. Preloading requests from Android apps are controlled by the same setting as Chrome-initiated predictions. But preloading instructions from sites are always performed, regardless of whether Chrome’s network prediction feature is enabled. If prerendering is requested, whether by Chrome or by a site or app, the preloaded site is allowed to set and read its own cookies just as if you had visited it, even if you don’t end up visiting the prerendered page. Learn more. Location. To get more geographically relevant information, Chrome gives you the option to share your location with a site. Chrome won't allow a site to access your location without your permission; however, on mobile devices, once you’ve granted the app permission to access your location, Chrome automatically shares your location with your default search engine. Chrome uses Google Location Services to estimate your location. The information that Chrome sends to Google Location Services may include: The Wi-Fi routers closest to you Cell IDs of the cell towers closest to you The strength of your Wi-Fi or cell signal The IP address that is currently assigned to your device Google doesn't have control over third-party websites or their privacy practices, so be cautious when sharing your location with a website. Updates. Chrome periodically sends information to Google to check for updates, get connectivity status, validate the current time, and estimate the number of active users. Search features. When you search using the address bar in Chrome, the characters you type (even if you haven’t hit “enter” yet) are sent to your default search engine. This allows your search engine to improve your searching and browsing experience by automatically suggesting terms or URLs you may be looking for. Learn more. If Google is your default search engine, Chrome contacts Google when you start searching or when you change networks, so you can get the best local web address for sending search queries. If you are signed in to a Google site or signed in to Chrome and Google is your default search engine, searches you perform using the address bar in Chrome are stored in your Google account. Suggestion service. Suggestions are based on related web searches, your browsing history, and popular websites. If your default search engine provides a suggestion service, the browser sends the text you type in the address bar to the search engine. Learn more about the address bar prediction service. Navigation assistance. When you can’t connect to a web page, you can get suggestions for alternative pages similar to the one you're trying to reach. In order to offer you suggestions, Chrome sends Google the URL of the page you're trying to reach. Autofill and password management. Chrome sends Google limited, anonymous information about the web forms that you encounter, including a hashed URL of the web page and details of the form's structure, so that we can improve our Autofill and password management services. Payments. If you are signed in to the Chrome browser and you have credit cards stored in your Google Payments Account, then Chrome will offer you the option of filling those cards into web forms. In addition, if you enter a new credit card into a web form, Chrome will offer to save your credit card and related billing information to your Google Payments account. If you use a card from Google Payments or choose to save your credit card in your Google Payments account for future use, Chrome will collect information about your computer and share it with Google Payments to protect you from fraud. On Android, if supported by the merchant, Chrome will also allow you to pay using Android Pay. Usage statistics and crash reports. By default, usage statistics and crash reports are sent to Google to help us improve our products. Usage statistics contain information such as preferences, button clicks, and memory usage. Usage statistics do not include web page URLs or personal information. Crash reports contain system information at the time of the crash, and may contain web page URLs or personal information, depending on what was happening at the time the crash report was triggered. We might share aggregated, non-personal information from crash reports with third parties. You can change whether usage statistics and crash reports are sent to Google at any time. Learn more. If Google Play apps are enabled on your Chromebook and Chrome usage statistics are enabled, then Android diagnostic and usage data is also sent to Google. Media licenses. Some websites encrypt media to protect against unauthorized access and copying. For HTML5 sites, this key exchange is done using the Encrypted Media Extensions API. In the process of allowing access to this media, session identifiers and licenses may be stored locally. These identifiers can be cleared by the user in Chrome using Clear Browsing Data with “Media licenses” enabled. For sites that use Adobe Flash Access, Chrome browser for Windows or Chrome OS, provides a unique identifier to content partners and websites. The identifier is stored on your system. You can deny this access in the settings under Content Settings, Protected content, and reset the ID using Clear Browsing Data with “Media licenses” enabled. If you access HD content on Chrome OS, a content provider may ask Chrome for a certificate to verify the eligibility of the device. To verify your device, your Chromebook will share data about its hardware attributes with the website, and will use Verified Access to certify that its cryptographic keys are protected by Chrome hardware. Chrome will prompt you to allow or deny this verification check. Learn more. Other Google services. This notice describes the Google services that are enabled by default in Chrome. In addition, Chrome may offer other Google web services. For example, if you encounter a page in a different language, Chrome will offer to send the text to Google for translation. You will be notified of your options for controlling these services when you first use them. You can find more information in the Chrome Privacy Whitepaper. Identifiers in Chrome Chrome includes a number of identifiers necessary to power features. For example, if you use push messaging, an identifier is created in order to deliver notices to you. Where possible, we use non-unique identifiers and remove identifiers when they are no longer needed. Additionally, the following identifiers help us develop, distribute, and promote Chrome, but are not directly related to a Chrome feature. Installation tracking. Each copy of the Windows desktop version of the Chrome browser includes a temporary randomly generated installation number that is sent to Google when you install and first use Chrome. This temporary identifier helps us estimate the number of installed browsers, and will be deleted the first time Chrome updates. The mobile version of Chrome uses a variant of the device identifier on an ongoing basis to track the number of installations of Chrome. Promotion tracking. In order to help us track the success of promotional campaigns, Chrome generates a unique token that is sent to Google when you first run and use the browser. In addition, if you received or reactivated your copy of the desktop version of the Chrome browser as part of a promotional campaign and Google is your default search engine, then searches from the omnibox will include a non-unique promotional tag. All mobile versions of the Chrome browser also include a non-unique promotional tag with searches from the omnibox. Chrome OS may also send a non-unique promotional tag to Google periodically (including during initial setup) and when performing searches with Google. Learn more. Field trials. We sometimes conduct limited tests of new features. Chrome includes a seed number that is randomly selected on first run to assign browsers to experiment groups. Experiments may also be limited by country (determined by your IP address), operating system, Chrome version, and other parameters. A list of field trials that are currently active on your installation of Chrome is included in all requests sent to Google. Learn more. Signed-in Chrome mode When you sign in to the Chrome browser or a Chromebook with your Google Account, your personal browsing data is saved on Google's servers and synced with your account. This type of information can include: Browsing history Bookmarks Tabs Passwords and Autofill information Other browser settings, like installed extensions These settings are automatically loaded for you anytime you sign in to Chrome on other computers and devices. To customize the specific information that you synchronize, use the “Settings” menu. Learn more. You can see the amount of Chrome data stored for your Google Account and manage it on the Chrome Sync Dashboard. On the Dashboard, you can also disable synchronization completely and delete all the associated data from Google’s servers. Learn more. How Chrome handles your signed-in information When you sync Chrome with your Google Account, we use your browsing data to improve and personalize your experience within Chrome. You can also personalize your experience on other Google products, by allowing your Chrome history to be included in your Google Web & App Activity. Learn more. You can change this setting on your Account History page or manage your private data whenever you like. If you don't use your Chrome data to personalize your Google experience outside of Chrome, Google will only use your Chrome data after it's anonymized and aggregated with data from other users. Google uses this data to develop new features, products, and services, and to improve the overall quality of existing products and services. If you would like to use Google's cloud to store and sync your Chrome data but you don't want Google to access the data, you can encrypt all of your synced data with your own sync passphrase. Learn more. Incognito mode and guest mode You can limit the information Chrome stores on your system by using incognito mode or guest mode. In these modes, Chrome won't store certain information, such as: Basic browsing history information like URLs, cached page text, or IP addresses of pages linked from the websites you visit Snapshots of pages that you visit Records of your downloads, although the files you download will still be stored elsewhere on your computer or device How Chrome handles your incognito or guest information Cookies. Chrome won't share existing cookies with sites you visit in incognito or guest mode. Sites may deposit new cookies on your system while you are in these modes, but they'll only be stored and transmitted until you close the last incognito or guest window. Browser configuration changes. When you make changes to your browser configuration, like bookmarking a web page or changing your settings, this information is saved. These changes are not affected by incognito or guest mode. Permissions. Permissions you grant in incognito mode are not saved to your existing profile. Profile information. In incognito mode, you will still have access to information from your existing profile, such as suggestions based on your browsing history and saved passwords, while you are browsing. In guest mode, you can browse without seeing information from any existing profiles. Managing Users in Chrome Managing users for personal Chrome use You can set up personalized versions of Chrome for users sharing one device or computer. Note that anyone with access to your device can view all the information in all profiles. To truly protect your data from being seen by others, use the built-in user accounts in your operating system. Learn more. You can also create a supervised user in Chrome with your Google Account. If you do, Google will synchronize and store information about the supervised user, like history and other settings, with your Google Account. You can view this information at chrome.com/manage. Managing users on Chrome for Enterprise Some Chrome browsers or Chromebooks are managed by a school or company. In that case, the administrator has the ability to apply policies to the browser or Chromebook. Chrome contacts Google to check for these policies when a user first signs in to Chrome or starts browsing without signing in (except in guest mode). Chrome checks periodically for updates to policies. An administrator can set up a policy for status and activity reporting for Chrome, including location information for Chrome OS devices. Your administrators may also have the ability to access, monitor, use or disclose data accessed from your managed device. Safe Browsing practices Google Chrome and certain third-party browsers, like some versions of Mozilla Firefox and Apple’s Safari, include Google's Safe Browsing feature. With Safe Browsing, information about suspicious websites is sent and received between the browser you are using and Google's servers. How Safe Browsing works Your browser contacts Google's servers periodically to download the most recent "Safe Browsing" list, which contains known phishing and malware sites. The most recent copy of the list is stored locally on your system. Google doesn't collect any account information or other personally identifying information as part of this contact. However, it does receive standard log information, including an IP address and cookies. Each site you visit is checked against the Safe Browsing list on your system. If there's a match, your browser sends Google a hashed, partial copy of the site’s URL so that Google can send more information to your browser. Google cannot determine the real URL from this information. Learn more. The following Safe Browsing features are specific to Chrome: Some versions of Chrome feature Safe Browsing technology that can identify potentially harmful sites and potentially dangerous file types not already known by Google. The full URL of the site or potentially dangerous file might also be sent to Google to help determine whether the site or file is harmful. Chrome uses Safe Browsing technology to scan your computer periodically, in order to detect unwanted software that prevents you from changing your settings or otherwise interferes with the security and stability of your browser. Learn more. If this kind of software is detected, Chrome might offer you the option to download the Chrome Cleanup Tool to remove it. You can choose to send additional data to help improve Safe Browsing when you access a site that appears to contain malware or when Chrome detects unwanted software on your computer. This data is sent when you close or navigate away from a Safe Browsing warning page or when Chrome detects unwanted software on your computer following a periodic scan. The reports contain various data, like metadata for files and registry entries that correspond to potentially unwanted software detected during scanning, the potentially dangerous file you encountered, the URL and contents of the website, and the URL of the page that directed you to that site. If you are a Safe Browsing user and you are syncing your Chrome browsing history to your Google account, then, to improve the safety and utility of web feature permissions, Chrome may anonymously report the domains on which you grant, reject, and revoke permissions, or ignore or dismiss permission prompts. You can always choose to disable the Safe Browsing feature within Chrome. Privacy practices of apps, extensions, themes, services, and other add-ons You can use apps, extensions, themes, services and other add-ons with Chrome, including some that may be preinstalled or integrated with Chrome. Add-ons developed and provided by Google may communicate with Google servers and are subject to the Google Privacy Policy unless otherwise indicated. Add-ons developed and provided by others are the responsibility of the add-on creators and may have different privacy policies. Managing add-ons Before installing an add-on, you should review the requested permissions. Add-ons can have permission to do various things, like: Store, access, and share data stored locally or in your Google Drive account View and access content on websites you visit Use notifications that are sent through Google servers Chrome can interact with add-ons in a few different ways: Checking for updates Downloading and installing updates Sending usage indicators to Google about the add-ons Some add-ons might require access to a unique identifier for digital rights management or for delivery of push messaging. You can disable the use of identifiers by removing the add-on from Chrome. From time to time, Google might discover an add-on that poses a security threat, violates the developer terms for Chrome Web Store, or violates other legal agreements, laws, regulations, or policies. Chrome periodically downloads a list of these dangerous add-ons, in order to remotely disable or remove them from your system. More information Information that Google receives when you use Chrome is used and protected under the Google Privacy Policy. Information that other website operators and add-on developers receive, including cookies, is subject to the privacy policies of those websites. Google adheres to several self-regulatory frameworks, including the US-EU Safe Harbor Framework and the US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce. Learn more. Definitions Cookies and similar technologies A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. Other technologies are used for similar purposes as a cookie on other platforms where cookies are not available or applicable, such as the Advertising ID available on Android mobile devices. Learn more about how Google uses cookies and how Google uses data, including cookies, when you use our partners' sites or apps. Google Account You may access some of our services by signing up for a Google Account and providing us with some personal information (typically your name, email address and a password). This account information will be used to authenticate you when you access Google services and protect your account from unauthorized access by others. You can edit or terminate your account at any time through your Google Account settings. Server logs Like most websites, our servers automatically record the page requests made when you visit our sites. These “server logs” typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. Here is an example of a typical log entry where the search is for “cars”, followed by a breakdown of its parts: 123.45.67.89 - 25/Mar/2003 10:15:32 - http://www.google.com/search?q=cars - Firefox 1.0.7; Windows NT 5.1 - 740674ce2123e969 123.45.67.89 is the Internet Protocol address assigned to the user by the user’s ISP; depending on the user’s service, a different address may be assigned to the user by their service provider each time they connect to the Internet; 25/Mar/2003 10:15:32 is the date and time of the query; http://www.google.com/search?q=cars is the requested URL, including the search query; Firefox 1.0.7; Windows NT 5.1 is the browser and operating system being used; and 740674ce2123a969 is the unique cookie ID assigned to this particular computer the first time it visited Google. (Cookies can be deleted by users. If the user has deleted the cookie from the computer since the last time s/he visited Google, then it will be the unique cookie ID assigned to the user the next time s/he visits Google from that particular computer). Google Play Terms of Service June 16, 2017 1. Introduction Applicable Terms. Thanks for using Google Play. Google Play is a service provided by Google Inc. (“Google”, “we” or “us”), located at 1600 Amphitheatre Parkway, Mountain View California 94043, USA, and is subject to the Google Terms of Service ("Google ToS"). Google Play is a “Service” as defined in the Google ToS, and these Google Play Terms of Service are additional terms which apply to the use of Google Play. Your use of Google Play and the apps (including Android Instant Apps), games, music, movies, books, magazines, or other digital content or services (referred to as "Content") available through it is subject to these Google Play Terms of Service and the Google ToS (which together we refer to as the “Terms”). If there is any conflict between the Google Play Terms of Service and the Google ToS, the Google Play Terms of Service shall prevail. Your use of the Google Play store requires that you agree to the following terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use the Google Play store. Some products and features may be not available in all countries. Please see the Google Play Help Center for more information. 2. Provision of Google Play Direct, Agency and App Sales. When you buy Content on Google Play you will buy it either: (a) directly from Google (a “Direct Sale”); (b) from the provider of the Content (the “Provider”), where Google is acting as an agent for the Provider (an “Agency Sale”); or (c) in the case of Android apps, from the Provider of the app (an “App Sale”). Each time that you purchase Content, you enter into a separate sale contract: (d) based on the Terms (as applicable) with Google (in the case of a Direct Sale); (e) based on the Terms (as applicable) with the Provider of the Content you have purchased (in the case of Agency Sales); or (f) with the Provider of the Content you have purchased (in the case of App Sales). The separate sale contract in (e) or (f) above (as applicable) is in addition to your contract with Google Inc. for the use of the Service (i.e. these Google Play Terms of Service). For Agency Sales the statement, in the Google ToS, that the Google ToS “do not create any third party beneficiary rights”, does not apply to your use of the Service. Access to Content. You may use Google Play to browse, locate, view, and/or download Content for your mobile, computer or other supported device (“Device”). The availability of Content will vary between countries and not all Content may be available in your country. Not all Content is available for sharing with family members. Some of this Content may be offered by Google while others may be made available by third-parties not affiliated with Google. Google is not responsible for any Content made available through Google Play that originates from a source other than Google and does not endorse such content. 3. Your Use of Google Play Age Restrictions. In order to use Google Play you must have a valid Google account, subject to the following age restrictions. In order to serve as the family manager of a family group on Google Play, you must be at least 18 years old. You must not access Google Play if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Content under the laws of the country in which you are resident or from which you access or use Google Play. You must comply with any additional age restrictions that might apply for the use of specific Content or features on Google Play. Basic Use Requirements. To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Content, which may change from time to time, working Internet access, and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility. Third-Party Fees. You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of Content and Google Play. For instance, you may incur such fees if you use services provided through Google Play on or through third-party services or devices. You are responsible for all such fees. Updates. You may need to install updates to Google Play or related Google software that we introduce from time to time to use Google Play and to access or download Content. Content originating from Google may communicate with Google servers from time to time to check for available updates to the Content and to the functionality of Google Play, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Content you have installed requires that you have agreed to receive such automatically requested Updates. If you do not agree to such automatically requested and received Updates then please do not use the Google Play store or install this Content. Google may update any Google app or any app you have downloaded from Google Play to a new version of such app, irrespective of any update settings that you may have selected within the Google Play app or your Device, if Google determines that the update will fix a critical security vulnerability related to the app. Information about You. In order to access certain services or Content on Google Play, you may be required to provide information about yourself such as your name, address, and billing details. The information we collect, including information obtained from third parties, is shared between Google and its group companies to operate the Service. Google’s privacy policies explain how we treat your personal data and protect your privacy when using Google Play. Any such information you provide to Google must always be accurate, correct and up to date. Google may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions and/or provisioning Content to you. Google has agreed with Providers that they will use this information in accordance with their privacy policies. If you are part of a family group on Google Play, your family members in the family group will be able to see certain information about you. If you are the family manager of a family group on Google Play, family members you invite to join the family group will see your name, photo, and e-mail address. If you join a family group as a family member, other family members will be able to see your name, photo, and e-mail address. Your family manager may also see your age, and will see a record of all purchases you make using the designated family payment method, including a description of the Content purchased. If Content is available for family sharing and you share it with your family group, then all family members will be able to access the Content and see that you purchased it. Family managers and family members must meet these additional requirements as well. Unauthorised Access to Accounts. You must keep your user details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Google Play or of any user of other Google Services via Google Play, including account names. Disabled Accounts. If Google disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing Google Play, your account details or any files or other Content that is stored with your account. If you are the family manager of a family on Google Play and Google disables access to your account, your family members may lose access to family features requiring a family group, such as a family payment method, family subscriptions, or Content shared by family members. If you are a family member of a family on Google Play and Google disables your account, your family members will lose access to Content you have shared with them. Please see section 6 below for your rights where you are not able to download Content before your account is disabled. Malware protection. To protect you against malicious third party software and other security issues, Google may receive information about your device’s network connections, the operating system, and third party apps. Google may warn you if it considers an app to be unsafe, or remove or block its installation on your Device if it is known to be harmful to devices, data or users. You can choose to disable these protections in the Google Settings on your Device (however, apps installed through the Store may continue to be analyzed for security issues). Android Instant Apps. When you click on a link on your Device, Google Play may check if an applicable instant app exists and, if so, open the link within the instant app. Any code needed to run the portions of the instant app you access will be downloaded to your Device and kept on it temporarily. App details for an instant app can be found in the Google Play store. Android Instant Apps data and settings are synced to devices signed in with your Google account. You can choose to disable Android Instant Apps in the settings on your Device. 4. Purchases and Payments Free Content. Google may allow you to download, view or use Content free of charge. Any terms and conditions that apply to purchased Content will apply to free Content, except with respect to payment-related matters (for example, the refund-related provisions of these terms do not apply to such free Content). Google may impose limitations on your access and use of certain free Content. Purchase of Content. Your contract for the purchase and use of Content is completed once you receive the email from Google confirming your purchase of that Content, and performance of this contract begins as soon as the purchase is complete. If you are the family manager of a family group on Google Play, you will be required to set up a valid family payment method for your family members to use to purchase Content on Google Play and within apps. You will be responsible for all of your family members’ purchases of Content using the family payment method. If a family group is deleted, or a family member leaves the family group, you may be charged for pending purchases made by family members using the family payment method. Google Payments. In order to purchase Content through Google Play, you must agree to the payment terms as specified in the Google Payments Terms of Service. If you do not have a Google Payment account, you can set one up by going to this link, where you can also find more information about Google Payments. The Payments Terms of Service and Privacy Notice also apply whenever you want to purchase Content using a Google Payments account. Please ensure that you read those terms carefully before making any purchase. Some purchases through Google Play will require you to transact with the product Provider directly. In these cases, to process your transaction and maintain your account, we may share your personal information with the product Provider, as permitted under the Payments Privacy Notice. Other Payment Processing Methods. Google may make available to you various payment processing methods in addition to Google Payments account to facilitate the purchase of Content through Google Play. You must abide by any relevant terms and conditions or other legal agreement, whether with Google or a third party, that governs your use of a given payment processing method. Google may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Google or Google’s payment processor may charge your credit card or other form of payment that you indicate for any Content ordered, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make on Google Play. Eligibility for Carrier Billing. In order to determine your eligibility to have purchases of Content that you make through your mobile Devices billed to your mobile network provider’s account, when you create a Google Play account on a Device we will send identifiers of your Device, subscriber ID and SIM card serial number to your network provider. To permit this you will need to accept the network provider’s terms of service. The network provider may send us your billing address information to help us create your Google Play account. We will hold and use this information in accordance with Google’s Privacy Policies. Pricing. Pricing and availability of all Content displayed through Google Play are subject to change at any time before you click the button indicating that you want to purchase Content. Taxes. You are responsible for any Taxes, and must pay for Content without any reduction for Taxes. If the seller of Content is obligated to collect or pay Taxes, the Taxes will be charged to you. "Taxes" means any duties, customs fees, or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest. Compliance with Tax Laws. You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of Google Play or the purchase of Content through Google Play. The reporting and payment of any such applicable taxes are your responsibility. All Sales Final. Except as expressly set out in the Terms or Google’s refund policies displayed in the Service, all sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction. Your rights to withdraw, cancel or return purchases and get a refund are set out in the additional terms for the relevant Content type set out below and the refund policies displayed in the Service. Pre-orders. (a) When you place a pre-order for a Content, your contract for the purchase and use of that item is completed when the Content becomes available in your account and you will be charged for the purchase at that time. You can cancel your pre-order at any time up to the point at which the Content becomes available to you (if you want to cancel the pre-order you will be able to do so by visiting the “My Orders” page and following the instructions there). (b) After the moment when the Content becomes available to you, you will not able to withdraw or cancel the pre-order and your cancellation and return rights are the same as for other Content that you purchase through Google Play. Please see the terms below for more information. (c) We will need to cancel your pre-order if the Content is withdrawn from sale through Google Play before it is made available and we reserve the right to cancel your order in the event the price changes before your order is fulfilled. 5. Subscriptions Trials of Magazines News Content and Music. Subscribing to a free trial for a magazine or news content on Google Play Newsstand or for music (including as part of your purchase of a subscription for a magazine or music) gives you access to the subscription benefits for that magazine for free for a specified trial period. At the end of such trial period, you will be charged the price of the first period of the subscription and will continue to be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. If you cancel during the trial period you will retain access to the magazine issues that you access during a free trial period, but you will not retain access to news content or Music Subscription Content (as defined below) that you access during a free trial period unless you become a paid subscriber. Access to free trials may be limited to a certain number of free trials for each user during a given period. To avoid any charges, you must cancel before the end of the trial period; for more information on cancelling subscriptions, see the section titled ”Cancellations” below in this section 5. Trials of Apps. Subscribing to a trial for an Android app gives you access to the subscription benefits for that app for free for a duration specified by the application developer. At the end of the trial period, you will be charged the price of the first period of the subscription and will continue to be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant app and any subscription privileges. Cancellations. If you purchase an auto-recurring periodic subscription (whether monthly, annual or another period) to Content, you may cancel that subscription at any time before the end of the applicable billing cycle, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period, except in the event of defective Content (as set out in section 6 below), or as otherwise set out out in these Terms. With respect to magazine or news content subscriptions on Google Play Newsstand, you will continue to receive Content and updates (if applicable) of the relevant subscription during the remainder of the current billing period. After that billing period ends, your access to previously delivered magazine issues will not be affected by the cancellation, but your access to paid news content will terminate at the end of the billing period during which your subscription is cancelled. With respect to music subscriptions, you will continue to have access to Music Subscription Content (as defined in Section 7 below) during the remainder of the current billing period; however, your access to Music Subscription Content will terminate at the end of the billing period during which your subscription is cancelled. Additional refund policies for music and periodicals are set out in sections 7 and 10 below, respectively. Price Changes. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, Google will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will not apply until the payment after the next payment due. Declining Price Changes. If you do not wish to pay the increased price for a subscription, you may cancel the subscription in the manner described in the Google Play help center and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. In some cases where the Provider increases the price of a subscription Google may cancel your subscription unless you agree to re-subscribe at the new price. If your subscription is cancelled and you later decide to re-subscribe, you will initially be charged at the then current subscription rate. 6. Rights and Restrictions License to Use Content. Following payment of the applicable fees for Content, you will have the non-exclusive right, for the period selected by you in the case of a purchase for a rental period, and in other cases for as long as Google and the applicable copyright holder have rights to provide you that Content, to download, use or stream, in each case, solely as expressly permitted by Google and subject to the restrictions set out in the Terms and associated policies, copies of the applicable Content to your Devices, and to view, use, and display the Content on your Devices or as otherwise authorized by Google as part of the Service for your personal, non-commercial use only. All rights, title and interest in Google Play and Content not expressly granted to you in the Terms are reserved by Google and its licensors. Violation of License Terms. If you violate any of the terms and conditions of the Terms, your rights under this license will immediately terminate and Google may terminate your access to Google Play, the Content and/or your Google account without refund to you. No Public Performance. You must not display (in part or in whole) the Content as part of any public performance or display even if no fee is charged (except where such use would not constitute a copyright infringement or violate any other applicable right). Use of a tool or feature provided as an authorized part of Google Play (for example, “Social Recommendations”, as defined in the Music terms below) is permitted, provided that as you use the tool or feature as specifically permitted and only in the exact manner specified and enabled by Google. Sale, Distribution or Assignment to Third Parties. You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign any Content or your rights to Content to any third party without authorization, including with regard to any downloads of Content that you may obtain through Google Play. Use of any tool or feature provided as an authorized part of Google Play (for example, “Social Recommendations”) shall not violate this provision so long as you use the tool as specifically permitted and only in the exact manner specified and enabled by Google. Capturing of Streams. You may not use Google Play or any Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Content that is presented to you in streaming format. Sharing. You may not use Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner specified and enabled by Google (for example, through “Social Recommendations”). Security Features. You may not attempt to, nor assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect, obfuscate or otherwise restrict access to any Content or Google Play. If you violate any security feature, you may incur civil or criminal liability. Proprietary Notices. You may not remove any watermarks, labels or other legal or proprietary notices included in any Content, and you may not attempt to modify any Content obtained through Google Play, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content. Use of Android Apps. You must use apps from Google Play in accordance with the Google Play Business and Program Policies which are in place from time to time, the current version of which can be found at https://play.google.com/about/android-developer-policies.html Defective Content. Once Content is available to you through your account, you should check the Content as soon as reasonably possible to ensure that it functions and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect. In the case of Android apps, you should contact the developer concerning any defects or performance issues in the apps, as described in the Google Play help center. In the case of Content other than apps, subject to any limitations in the additional terms for the specific Content below, you may cancel purchases you have made from Google Play to Google if Google Play does not perform as stated with respect to that purchased Content, and Google will provide either a replacement Content (if available) or a refund of the purchase price. If Google provides you a refund, the refund of your purchase price shall be your sole remedy. If Google issues a refund or credit, it is under no obligation to issue the same or similar refund in the future. In the case of subscription purchases, Google may grant a refund for the entire term or a partial refund for issues not received in the remaining term of subscription. Removal or Unavailability of Content. Subject to the Terms, Content that you purchase will be available to you through Google Play for the period selected by you, in the case of a purchase for a rental period, and in other cases as long as Google has the right to make such content available to you. In certain cases (for example, if Google loses the relevant rights, discontinues a service or Content is discontinued, breaches applicable terms or the law), Google may remove from your Device or cease providing you with access to certain Content that you have purchased. Google will provide you with reasonable prior notice of any such removal or cessation. If you are not able to download a copy of the Content before such removal or cessation, then Google will offer you either (a) a replacement of the Content if possible or (b) a refund of the price of the Content. If Google issues you a refund, the refund of your purchase price shall be your sole remedy. Effect of Refunds. If a refund of the purchase price of Content for any reason is issued to you, you will no longer have the right to access the relevant Content. Select, Copy and Paste. Select, copy and paste functions may be available for some text-based Content, and you must use these features within the prescribed limits and only for personal non-commercial purposes. Multiple Accounts. If you have multiple Google accounts with different user names, in some cases you may transfer Content out of an account and into another account, provided you are the owner of each such account and provided Google has enabled a feature of the relevant service allowing such transfers. Limits on access on Devices. Google may from time to time place limits on the number of Devices and/or software applications you may use to access Content (for more information, please visit the Help link for the relevant Content within Google Play). Google may record and store the unique device identifier numbers of your Devices in order to enforce such limits. Dangerous Activities. None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage. Changes to these Terms. If the Terms change, you will be asked to accept new terms before you next purchase Content. Once you have accepted the new terms, they will apply to your use of all Content (including Content you have purchased in the past) and all subsequent purchases, until we notify you of further changes. If you refuse to accept the updated terms then you will not be able to buy any further Content through Google Play, and the latest version of the Terms that you accepted will continue to apply to your use of Content. In this case we will, if we are able to do so, give you a reasonable period of time in which to download a copy of any Content you have previously bought from Google Play to your Device, and you may continue to view that copy of the Content on your Devices in accordance with the last version of the Terms that you accepted. After that time has expired, you will not be given a further opportunity to download the Content you have previously bought and it is possible that you will no longer be able to use Google Play to access or use the Content you have already bought or related support services. If this happens, Google will offer you either a replacement of the Content, or a refund of the price of the Content, which will be your sole remedy. To access or use the Content you have already bought or related support services, you may also need to create a new account. 7. Music on Google Play Introduction. Google Play includes certain music-related products and services, which are described in greater detail below and defined as “Music Products”, “Music Subscription Content” and “Music Locker Services”. Music Products; Music Subscription Content. The Google Play store allows you to browse, preview, stream, purchase, download, recommend and use a variety of digital music and music-related content such as music files, music video files, previews, clips, artist information, user reviews, professional third-party music reviews and other digital content (“Music Products”). Certain Music Products may be accessible to you by purchasing (or receiving a free trial of) a subscription to a music subscription service made available via Google Play (“Music Subscription Content”). Music Products may be owned by Google or its third-party partners and licensors and may contain watermarks or other embedded data. For clarity, all Music Products constitute “Content” as defined in Section 1 above. Stored Content. You can use Google Play to store digital content (such as music files, related metadata and album art) in Music Storage through the Music Software, as each is defined below (“Stored Content”). For the avoidance of doubt, “Music Products” do not include Stored Content. Stored Content may include both files that you upload directly to Music Storage and/or files that Google “scans and matches” to files stored locally on your Device. Music Locker Services. Google Play may provide you with access to (a) server space that you can use to store music and associated data files, including Music Products and Stored Content (“Music Storage”) and/or (b) software applications (including web, desktop and mobile applications) and related services that allow you to upload, manage, access and play music through Music Storage ("Music Software"). Music Storage and Music Software are collectively referred to in these Terms as the “Music Locker Service”. For clarity, you may be given access to Stored Content and Music Subscription Content through the same user interface. Use of Music Locker Services. By storing Music Products and Stored Content in Music Storage, you are storing a unique copy of such content and requesting Google to retain it on your behalf and to make it accessible to you through your Google account. By using the Music Locker Services, you are requesting that Google make all of the necessary functions and features of the Music Locker Services available to you in order to facilitate your use of Music Products and Stored Content. Additionally, by accessing or using Music Products and Stored Content through the Music Software, you are initiating and performing the corresponding functions on Google's servers, together with any related steps necessary to achieve them, through the Music Locker Services. You understand that Google, in performing the required technical steps at your direction to provide you with the Music Locker Services, may (a) transmit Music Products and Stored Content over various networks and in various media and (b) make such changes to Music Products and Stored Content as are necessary to conform and adapt it to the technical requirements of connecting networks, devices, services or media. You confirm and warrant to Google that you have the necessary rights to store in Music Storage any Stored Content that you direct Google to upload or store in Music Storage, and to instruct Google to perform the actions described in this section. Cancelling a Music Purchase; Refunds. You have the right to cancel each purchase of a Music Product from Google (including a music subscription) for a refund within 7 working days of the day after that Music Product becomes available for you to download or stream, provided that, with respect to music subscription free trials: (i) you may cancel your subscription at any time during a free trial period (as set out in section 5 above) and (ii) you will not have the foregoing 7-day cancellation right once the paid portion of your subscription has commenced. Once you download or stream any Music Product that you purchase, you no longer have the right to cancel your purchase of that Music Product (unless the Music Product is defective). If Google grants to you a refund for a music subscription, the refund amount will be pro-rated to reflect remaining term of the subscription. Following Google’s provision of a refund to you, you will no longer have the right to access the applicable Music Product. Other Google Subscription Services. You may receive access to a Google Play music subscription as part of a subscription to another Google product; additionally, you may receive access to other Google subscription products as part of a Google Play music subscription. The details of your access to such other Google subscription products will be presented to you before you complete your music subscription purchase. Your use of Google Play and any Google Play music subscription product is governed solely by these Terms, and not the terms of any other Google product, including any other Google product through which you receive access to a Google Play music subscription. Social Recommendations. When you purchase Music Products, you may be given the opportunity to share all or a portion of the Music Products to your profile on Google+ or other Google-approved social networks or online destinations, as determined by Google in its sole discretion ("Social Recommendation"). Your use of Social Recommendations shall be subject to the Terms and any other terms and conditions applicable to the social networks or online destinations to which you share such Social Recommendations. Google may impose limitations on your Social Recommendations. For example, Google may render the Music Product associated with any Social Recommendation as a limited-length preview rather than a full-length play. Rights to Stored Content. You retain any rights that you already hold in Stored Content. For the avoidance of doubt, Stored Content is not subject to the license grant to Google in the section of the Google Terms of Service titled “Your Content in our Services.” Geographic Restrictions. The Music Locker Services and Music Products are currently available only in some countries. You agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported country, and you will not attempt to circumvent any restrictions on access to or availability of the Music Locker Services or Music Products. Compliance With Settings. You must observe and comply with any settings or parameters set by Google or a copyright holder in connection with Music Products. For example, Google or the copyright holders may correct errors in Music Products, add additional features or change the security features or regional availability of the Music Products. Where these changes are made, the Music Products may automatically update. Third-Party Provisions. Notwithstanding anything to the contrary in these Terms, the third parties who license their musical or other content to Google as Music Products or for other use in connection with the Google Play store (including Providers in the case of Agency Sales) are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their content (“Third-Party Provisions”), and solely for the purpose of enabling such third parties to enforce their rights in such content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms. Third-Party Software and Data. Information regarding third-party software (including open source) and data in the Music Locker Services can be obtained at the following location: https://music.google.com/about/thirdparty.html. Licensing Partners. If you are interested in learning more about some of the partners we work with to bring you music on Google Play, please visit this page. 8. Books on Google Play Privacy Policy for Books. The Google Play Privacy Policy for Books describes how we treat personal and certain other information generated by your use of Content that is books (“Books Content”). Device Requirements. For information on the system requirements including what Devices are compatible with the Service and the purchase of and access to Books Content, please look at https://support.google.com/mobile/?p=books_devices. Updates to Books Content. Google or the copyright holders of Books Content may update such Books Content and change digital rights settings for such Books Content from time to time. For example Google or the copyright holders may correct errors in the Books Content or may add additional features, or may change the security features for the Books Content. Where these changes are made the Books Content that you see will automatically update, except where you have downloaded a copy of the Books Content to a Device. Cancellation. In addition to your rights to cancel if you have defective Content, as set out in section 6, you have the right to cancel the contract for each purchase or rental of a Book Content from Google for a refund within a period of 7 working days beginning with the day after that Book Content becomes available for you to read, except for rentals of Books Content for a 24-hour period, to which the cancellation right does not apply. Following Google’s provision of a refund to you, the transaction will be reversed, and you will no longer have the right to access the applicable Book Content. Additional Restrictions. The sale of Books does not provide any promotional use rights in any Book. 9. Movies and TV Shows on Google Play Introduction. Google Play includes certain video services, which are defined as the “Video Services”. In the Terms, Content made available for purchase through the Video Services are “Video Content”. Cancellation. You can cancel your purchase of unwatched Video Content and get a refund of the purchase price within 7 working days of your purchase. Requests for refunds for any other reason must be directed through the form in the Google Play Help Center. Google reserves the right to approve or deny refund requests after 7 working days at its sole discretion. Purchase Options. When you order Video Content through the Service, you may either (i) rent the Video Content for viewing an unlimited number of times during the period of time specified on the transaction page displayed at the time of your payment ("Viewing Period") and noted in your confirmation email (“Rental Video Content”) or (ii) where available, purchase the Video Content for storage in a digital locker and for viewing and unlimited number of times as long as the Video Content is available in the digital locker (“Locker Video Content”). Viewing Periods - Rentals. Pausing, stopping, or rewinding a Rental Video Content will not extend your applicable Viewing Period for that Rental Video Content. Each item of Rental Video Content may have a different Viewing Period and the Viewing Period will be shown to you before you order it. Viewing Periods - Purchases. Each Locker Video Content will be available for unlimited viewing for as long as Google is able to maintain the rights to continue providing you that Locker Video Content (“Locker Period”). Pausing, stopping, or rewinding an item of Locker Video Content will not extend the Locker Period. Each item of Locker Pay Content may have a different Locker Period. Viewing requirements. You agree to watch each Video Content only within territories within which Google makes the relevant Video Content available for viewing. You may view Video Content when (1) online, with an internet connection and logged onto your Google account or (2) offline and viewing from a previously authorized device. You must be online to authorize a device for viewing Video Content. Device Limits - Rentals. For each purchased Rental Video Content, you may watch such Rental Video Content on only one Device at a time (either online or on an authorized offline Device). Viewing Limits - Purchases. For Locker Video Content, (1) you may view only one stream of each Locker Video Content at a time, (2) you may view up to 3 streams of Locker Video Content from your locker at a time, (3) you may authorize up to 5 Devices for offline playback of Locker Video Content at a time and to authorize additional devices, you must de-authorize one of those 5 Devices, (4) you may only authorize the same Device three times in any 12 month period and de-authorize the same Device twice in any 12 month period, (5) you may only de-authorize a total of 2 Devices for offline playback every 90 days, and (6) you may authorize no more than 3 Google accounts on the same Device. 10. Periodicals on Google Play Newsstand This section applies to sales of periodicals (magazines and news content) on Google Play Newsstand, and not to periodical content provided within other Android apps. Reductions for Print Subscribers. Some Providers of periodicals may allow you to purchase a subscription of periodical Content on Google Play at a reduced rate if you are already a print subscriber. If you cancel your print subscription of that periodical or your print subscription expires and you do not renew it, your reduced rate subscription of that Content on Google Play will be cancelled automatically. Refunds. Where you are granted a refund, Google may issue a refund for the entire term or grant a partial refund for Content not received in the remaining term of a subscription. Following Google’s provision of a refund to you, you will no longer have the right to access the applicable issues of the relevant periodical Content delivered during the refunded period, or if a partial refund is given, any Content of the relevant periodical not yet received. If periodical Content is no longer available on Google Play (for example, if a title goes out of business or is sold to another publisher that does not provide periodicals on Google Play), Google will give you a refund (which may be a full refund for the current period of the subscription or a partial refund for Content not yet received in the current period). Information Google Shares with Periodical Publishers. If you purchase a periodical subscription of any length on Google Play, Google may share your name, email address, mailing address and a unique identifier with the periodical’s publisher. As a subscriber to the periodical, Google may also share your reading history within the periodical with the publisher of that periodical. Google has agreed with the periodical publisher that the periodical publisher will use this information in accordance with the publisher’s privacy policy. You will be provided the opportunity to opt out of any communications from the publisher that do not relate to the subscription you are purchasing, and to opt out of marketing communications from third parties, at the time you purchase your subscription. If you purchase a single issue of a magazine on Google Play, Google may provide your postal code to the magazine’s publisher. We also provide periodical publishers with sales information on periodical purchases. Verifying Print Subscriptions. If you are accessing a subscription on Google Play Newsstand through an existing print subscription from that periodical’s publisher, we may ask a third party service provider to verify your print subscription with the periodical publisher, and we may ask you for certain information relating to your print subscription in order to do so. Google will use this information in accordance with the Google Privacy Policy. Cancellation. In addition to your rights to cancel if you have defective Content, as set out in section 6, please see section 5 for your right of cancellation in relation to periodical subscriptions. Terms and Conditions Samsung Service Terms and Conditions The terms and conditions (Terms and Conditions) in this document (Agreement) describe and stipulate the provisions which govern and regulate the legal relationship between Samsung Electronics Co., Ltd. (Samsung) and/or Samsung's Subsidiaries as provider of the Services and you as user of the Services (You, Your or User). You should read these Terms and Conditions carefully and should not accept these Terms and Conditions or register for, access or use the Services including without limitation, the KNOX Apps application and services powered by Samsung Apps (collectively as Use of the Services) unless You agree to the Terms and Conditions. Samsung does not store an individual copy of this Agreement entered into with You and we recommend that You save a local copy of this Agreement for Your own record. You may not Use the Services if You are a: (a) person who is not of legal age to form a binding contract with Samsung; or (b) person who is barred from receiving the Services under the laws of any country including the country in which You are a resident or from which You are using the Services. In this Agreement: Services or Service means all services described in more detail in Samsung's http://account.samsung.com, as updated from time to time, and excluding any service rendered or provided to You under a separate agreement; and Samsung's Subsidiaries means all legal entities, companies, corporations, firms, partnerships or other entities that are controlled by Samsung or are under common control with Samsung. The term controlled means the ability to direct the management of the relevant entity. How You may accept the Terms and Conditions, How Samsung may change the Terms and Conditions, and How You or Samsung may terminate the Terms and Conditions 1 Acceptance of the Terms and Conditions 1.1 Before You are permitted to Use the Services You are required to accept the Terms and Conditions and any Special Terms, as the case may be. Typically, Terms and Conditions and any Special Terms are accepted by clicking or tabbing the 'accept' button if such button or function is available or present via the user interface for the respective Service. 1.2 You also accept the Terms and Conditions or any Special Terms when You actually start to Use the Services. In this case You understand that You are bound by and Samsung will treat You as bound by the Terms and Conditions from the moment You start using the Services. 2 Changes to the Terms and Conditions 2.1 Samsung is permitted to amend or alter the Terms and Conditions, and any other supplementary terms applying to the Services, from time to time. 2.2 Where practicable in the circumstances, Samsung will notify You a reasonable period of time prior to making material changes to the Terms and Conditions or any other supplementary terms and will provide You with a copy of the revised Terms and Conditions or other supplementary terms either by the use of Your email address provided to Samsung as part of the Registration Data or by other reasonable means. 2.3 After a material amendment to the Terms and Conditions or other supplementary terms, where practicable in the circumstances, You may be prompted to accept the revised Terms and Conditions or other supplementary terms (as applicable), typically by clicking or tabbing the 'accept' button if such button or function is available or present via the user interface for the respective Service. Where this occurs, You may not continue to Use the Services unless You accept the revised Terms and Conditions or other supplementary terms and You understand that due to the SingleSignOn process (see clause 12.2 below) You may not be able to continue to Use any of the Services unless you accept the revised Terms and Conditions or other supplementary terms (as applicable). 2.4 You also accept the revised Terms and Conditions or other supplementary terms when You continue to Use the Services after any applicable notification period has passed. In those circumstances, You are bound by and Samsung will treat You as bound by the revised Terms and Conditions or other supplementary terms from the date on which the revised Terms and Conditions other supplementary terms are effective. You are free to end this Agreement at any time should You choose not to accept the revised Terms and Conditions or other supplementary terms. 3 Termination of the Terms and Conditions; Consequences of termination 3.1 This Agreement remains in effect unless and until terminated either by You or Samsung, as the case may be. 3.2 You can terminate this Agreement at any time by visiting https://account.samsung.com/account/legalSignOff.do or alternatively by closing Your User account for the Services which Samsung made, as an option, available to You. 3.3 Samsung may terminate this Agreement at any time by providing 30 days prior written notice of cancellation to the email address provided to Samsung as part of Your Registration Data or by any other suitable means which ensures that You will be able to take notice of the cancellation. 3.4 Samsung is also entitled to terminate this Agreement at any time and without observing any notice period if: (a) You are in breach of the Terms and Conditions; and (b) You have clearly demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with the Terms and Conditions. 3.5 Samsung is also entitled to terminate this Agreement upon reasonable notice if practicable, if: (a) Samsung, (including Samsung's Subsidiaries) or any supplier or partner of Samsung providing the Services to or together with Samsung decide to terminate the provision of the Services or any parts thereof (either worldwide or in the country where You are a resident or from where You are Using the Services) or if any supplier or partner of Samsung decides to terminate the entire relationship with Samsung and regardless of the reason of such termination, including where Samsung or any supplier or partner of Samsung are of the opinion that the provision of the Services or parts thereof to You or to Samsung or together with Samsung are no longer commercially feasible; and (b) Samsung (including Samsung's Subsidiaries) or any supplier or partner of Samsung providing the Services to or together with Samsung are required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful). 3.6 You are not entitled to a refund if Samsung terminates this agreement under clause 3.4(a) or 3.4(b). Termination by Samsung in other circumstances may entitle You to receive a refund or partial refund. Any requests for a refund will be assessed on a case-by-case basis. 3.7 The termination of this Agreement shall have no prejudice to any rights, obligations and liabilities that You or Samsung have accrued or incurred during the term of this Agreement. 3.8 You are not permitted to Use the Services if You do not accept the revised Terms and Conditions or after this Agreement comes to an end, for example, due to termination by either You or Samsung. 3.9 Samsung will, however, allow You to backup Your User Content stored with Samsung through the Use of the Services should You choose not to accept the revised Terms and Conditions or if You terminate this Agreement pursuant to clause 3.2. You understand that Samsung may delete Your User Content after a reasonable backup period has lapsed (Backup Grace Period). Different Backup Grace Periods may apply depending on the specific Service and the efforts required to backup the particular User Content. How You may Use the Services and How Samsung may use Your content or how You may use Samsung's content 4 Provision of the Services and limitations of usage 4.1 The Services are provided to You by Samsung and Samsung's Subsidiaries. 4.2 Unless otherwise specified in this Agreement You are permitted to Use the Services for personal and non-commercial use and purposes only and You will not reproduce, duplicate, copy, sell, trade or resell any of the Services or parts thereof. 4.3 When You Use the Services You will at all times observe these Terms and Conditions and any applicable law or regulation in the relevant jurisdictions including the jurisdiction where You are a resident or from where You are using the Services. 4.4 Samsung may at any time and in its sole discretion without prior warning or notice: (a) change the Services or suspend and/or cease providing the Services or any part of the Services; (b) disable or suspend Your Use of the Services including access to Your User account(s) and any files or other content contained in Your account(s) either temporarily or permanently; (c) set a limit on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of the Services or any part of the Services to You; and (d) pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services. 4.5 Samsung will use commercially reasonable efforts to: (a) ensure that the Services are available to You without undue disruption, interruption or delay; and (b) keep any disruption, interruption or delay of the Services to a minimum. 4.6 You are not permitted to Use any of the Services (including any attempts to do so) other than through the interface made available to You by Samsung and You will not Use the Services (including any attempts to do so) through any automated tools (including software and/or hardware), functions, services or otherwise (including scripts or web crawlers). 4.7 You will comply with and follow all instructions made available to You by Samsung in connection with the Services and You will not engage in any activity that may cause interference with or disruption to the Services or any servers, networks or other equipment connected to the Services. 4.8 Some of the Services can be used or are particularly useful when used over mobile networks. You should be aware that Your network provider may charge You for access to its network, the duration of Your mobile phone's/ mobile device's connection to the network and the data volume used to Use the Services. You are entirely responsible to check with Your network provider whether any such costs may apply before Using the Services in this respect. 4.9. You are not allowed to use any of the Services or any information or functionality provided thereby to violate third party rights or intellectual property rights. You further agree not to use any of the Services or any information or functionality provided thereby to modify, rent, lease, loan, sell, distribute, create derivative works based on or otherwise exploit third party software, content, or other copyrighted material in any unauthorized way whatsoever. 5 Advertisements 5.1 You agree that Samsung, as part of the Services, places or displays to You advertisements, promotion materials or other content and materials or products for promotional purposes. 5.2 In any event, Samsung will only send You marketing emails or newsletters and will only try to contact You directly by phone for marketing purposes where you have explicitly opted to receive such information and communication, for example, when You registered for the Services. 6 Software and software updates and updates to the Services Samsung may automatically download and install updates from time to time (including firmware updates for the devices you registered with the Services) (Software Updates). Such Software Updates may be in various forms and are generally provided for the purposes of improving the performance, security and reliability of the Services or any product or device used to access the Services. Such updates may include bug fixes, enhancements to the Services or parts thereof, products or devices and updates and enhancements to any software previously installed (including entirely new versions). Content provided in the Services and content rights 7.1 All content that is made available in the Services or accessible as part of or by the Use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) (Content) is entirely the responsibility of the originator of such Content. The Content may include advertisements, promotional material and documents or other sponsored Content. 7.2 The Content may be protected by proprietary or intellectual property rights of third parties (such as partners, advertisers and sponsors or their agents who provide such Content to Samsung). You are not permitted to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part) or to grant licenses in the Content. 7.3 You understand that by using the Services You are exposed to the risk that You may find some Content offensive, indecent or objectionable and that any Use of the Services as regards such exposure is entirely at Your own risk. 8 User Content and User Content License 8.1 By uploading, transmitting, creating, posting, displaying or otherwise providing any information, materials, documents, media files or other content on or through the Services (User Content) You permit Samsung, Samsung's Subsidiaries and other users of the Services to use the User Content to the extent that this is required for the provision of the Services, and in this respect grant Samsung, Samsung's Subsidiaries and other users of the Services an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, digitize, publish, publicly perform and publicly display the User Content (User Content License), such User Content License in any event to be limited, however, to the purposes of the Services. 8.2 The User Content License shall include a right for Samsung and Samsung's Subsidiaries to: (a) perform all technical steps necessary to process and prepare the User Content for use in the Services, including any modification and/or adaption required to provide the Services to users and/or to transmit or distribute the User Content over public networks and in media; and (b) make available and sublicense the User Content to third parties for the use of the User Content in connection with the provision of the respective services by these third parties. 8.3 Samsung does not claim ownership of the User Content and You will retain any copyright and any other rights to any User Content provided by You on or through the Services. 8.4 Any protection and enforcement of any intellectual property rights which exist or pertain to the User Content are entirely Your responsibility and Samsung is not obliged to protect and enforce the User Content on Your behalf. 8.5 You are entirely responsible to backup Your User Content stored with Samsung or through the Services to another location outside the Services (e.g. by means of creating local copies or backups with specialized online backup services) to avoid loss of Your User Content and other data. 9 Samsung Services License 9.1 Samsung, Samsung's Subsidiaries and/or any supplier or licensor of Samsung are the owners and shall be entitled to all proprietary rights which may exist in the Services, including all legal right, title and interest in and to the Services, and all intellectual property rights worldwide, regardless of whether registered/legally secured or not. 9.2 Samsung grants You a worldwide, non-transferrable, non-assignable, non-exclusive, personal and royalty free license to Use the Services (including any software, products or materials provided to You as part of the Services) and in the form provided to You by Samsung (Samsung License). The Samsung License entitles You to enjoy the benefits of the Services in accordance with these Terms and Conditions. 9.3 Except for the rights granted to You in this Agreement, Samsung retains all rights in or pertaining to the Services. 9.4 You are not permitted to: (a) grant any other user or third party a license to Use the Services or otherwise to access Your account or the Services; (b) use the Services to provide services to other users or any other third parties; or (c) otherwise assign, grant a sublicense in, or grant a security interest in or over the Samsung License or any rights under it, loan or lease the Services and/or the Samsung License, or otherwise transfer the Samsung License or any rights under it to any third party. 9.5 You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Samsung Services (or any part of it), unless expressly permitted by Samsung in writing, or to the extent permitted under the laws applicable to You, and You will not permit or grant a license to any third party to do so. 10 Trademarks 10.1 You are not entitled to use any of Samsung's (including Samsung's Subsidiaries) trade names, trademarks, service marks, logos, domain names, or other distinctive brand features (Samsung's Brands) without Samsung's prior written consent. To the extent that You are entitled to use Samsung's Brands under a separate written agreement with Samsung, such use is only permitted in accordance with such separate agreement. 10.2 You are not permitted to remove, obscure, conceal, modify or otherwise alter any proprietary rights notices, signs, trademarks, service marks, trade names, logos or other marks of Samsung, Samsung's Subsidiaries or any third party (including copyright and trade mark notices) which pertain to, are affixed to or which are contained within the Services and You agree not to use any such signs, trademarks, service marks, trade names, logos or other marks of Samsung, Samsung's Subsidiaries or any third party in a way that is intended to, likely to or foreseeable to mislead others or cause confusion about the owner, license holder or authorized User, as the case may be, of such marks, names or logos. What You should know about your Registration Data, Account Data and privacy 11 Registration data and Users account 11.1 When You Use the Services You may be required to provide information about Yourself before You can continue to Use the Services (Registration Data). 11.2 You agree to provide accurate, current and complete Registration Data and to update Your Registration Data as required in order to keep it accurate, current and complete. 12 Passwords and account security 12.1 In order to Use the Services You are required to open a User account and to provide a User ID and password (Account Data). 12.2 Samsung implemented an integrated registration solution through a single sign on process (SingleSignOn). SingleSignOn means that once You open a User account with Samsung You automatically register for all Services which, amongst others, eliminates the need to maintain separate User accounts and User ID's for each individual Service. 12.3 You will keep your Account Data safe and secure at all times and prevent unauthorised access to your Account Data and your account by third parties, in particular by avoiding obvious User IDs or passwords, by changing your password regularly and by ensuring that you do not disclose your password(s) or grant any other user or third party access to your Account Data or your account. 12.4 Samsung may follow any instructions given by You and may regard any instructions: (a) received from or issued by a user or third party using or providing your Account Data; or (b) which are attributable to You or Your Account Data as Your instructions. 12.5 You agree not to use any Account Data or account of any other user or person than Yourself without permission of the User or person holding the respective account. 12.6 You will notify Samsung immediately by email to http://help.content.samsung.com upon becoming aware of any unauthorized use of any of Your Registration Data or Account Data or any other breach of security. 12.7 You can access and change Your Registration Data or Account Data at any time by either accessing the respective Samsung account application on your device or by visiting http://account.samsung.com/membership 13 Privacy and protection of personal data 13.1 Samsung's Privacy Policy (http://account.samsung.com/membership/pp) provides information about how Samsung collects, uses, discloses, protects and handles Your personal data and information when You Use the Services. 13.2 Samsung will collect, store and use Your personal data in order to provide You with the Services, and to the extent applicable, administer and maintain Your account, bill fees to You, provide You with information about Samsung's products and Services, for the purposes set out in Samsung's Privacy Policy, these Terms and Conditions and for other related purposes. 13.3 Samsung may disclose Your personal data to its third party suppliers, content providers, Samsung's Subsidiaries and other parties to the extent necessary in order to provide the Services, administer Your account and for any other purposes set out in the Privacy Policy or these Terms and Conditions. Such disclosure may include disclosure to third party content providers, suppliers, payment companies, service providers and Samsung's Subsidiaries located outside Australia including in the United States, South Korea and Singapore. As the location of the overseas recipients to which such personal data will be disclosed will depend on the nature of the Services You receive, You should refer to any separate terms and conditions or privacy notices applying to any Services You receive for more detailed information. If You do not provide personal data about You when requested, Samsung may not be able to provide You with some or all of the Services or permit You to open or hold an account. 13.4 You acknowledge that the terms of Samsung's Privacy Policy will apply to Your use of the Services and You agree to comply with its terms. You consent to Samsung's collection, use and disclosure of your personal data as described in the our Privacy Policy and the Terms and Conditions for the purpose of the provision of the Services, the administration and maintenance of Your account, any other purposes referred to in the Privacy Policy, the Terms and Conditions and any other related purposes. You acknowledge that such disclosure includes disclosure to the overseas recipients referred to above and that by giving consent to the disclosure of Your personal data to the overseas recipients, Samsung will not have an obligation under Australian privacy law to take reasonable steps to ensure that those overseas recipients do not breach Australian privacy law in relation to that information. However, where practicable in the circumstances, Samsung will take reasonable steps to ensure that overseas recipients only use and disclose such information in a manner consistent with the Privacy Policy. 13.5 You acknowledge that the Samsung Privacy Policy contains information about how You can access and seek correction of your personal information and how You may make a complaint about our collection, use or disclosure of Your personal information and how Samsung will deal with such a complaint. How You and Samsung are liable under these Terms and Conditions 14 YOUR WARRANTIES AND REPRESENTATIONS 14.1 YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY SAMSUNG AND SAMSUNG'S SUBSIDIARIES). IN PARTICULAR, YOU WARRANT AND REPRESENT TO SAMSUNG THAT: (a) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT SAMSUNG THE USER CONTENT LICENSE; (b) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD PARTY RIGHTS; (c) THE USER CONTENT WILL NOT CONTAIN ANY MATERIAL WHICH IS HARMFUL, INACCURATE, PORNOGRAPHIC, ABUSIVE, OBSCENE, THREATENING, DEFAMATORY, OR WHICH IS OTHERWISE ILLEGAL OR WHICH DOES NOT COMPLY WITH APPLICABLE LAW OR SAMSUNG'S CONTENT GUIDELINES; (d) THE USER CONTENT WILL NOT CONTAIN ANY VIRUSES OR OTHER HARMFUL SOFTWARE, CODE OR SIMILAR MEANS AND DEVICES WHICH COULD DAMAGE, HARM, DISABLE OR OTHERWISE IMPACT OR LIMIT THE FUNCTION AND PERFORMANCE OF THE SERVICES AND/OR ANY DEVICE ACCESSING SUCH USER CONTENT. REGARDLESS OF WHETHER THIS DEVICE BELONGS TO SAMSUNG OR ANY OTHER USER OR THIRD PARTY INCLUDING SERVER, NETWORKS NODES OR ANY SIMILAR EQUIPMENT; (e) THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER THE LAWS OF ANY COUNTRY, INCLUDING THE COUNTRY IN WHICH YOU ARE A RESIDENT OR FROM WHICH YOU ARE USING THE SERVICES; AND (f) THE USE OF THE USER CONTENT BY SAMSUNG OR SAMSUNG'S SUBSIDIARIES WILL NOT IMPOSE ANY OBLIGATION UPON SAMSUNG OR SAMSUNG'S SUBSIDIARIES TO PAY ANY KIND OF MONETARY CONTRIBUTION (INCLUDING LICENSE FEES, DUES OR OTHERWISE) TO ANY THIRD PARTY (IN PARTICULAR COLLECTING SOCIETIES). 14.2 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SAMSUNG AND THE SAMSUNG SUBSIDIARIES FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED BY SAMSUNG AND THE SAMSUNG SUBSIDIARIES AS A RESULT OF ANY BREACH OF THESE WARRANTIES. 15 SAMSUNG'S WARRANTIES AND REPRESENTATIONS 15.1 SUBJECT TO CLAUSES 17.3 AND 17.4 AND UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, SAMSUNG, THE SAMSUNG SUBSIDIARIES, AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS PROVIDE THE SERVICES ON BEST EFFORT BASIS ONLY AND EXCLUDE ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESSLY OR IMPLIED. IN PARTICULAR BUT WITHOUT LIMITATION (SUBJECT TO CLAUSES 17.3 AND 17.4), SAMSUNG, THE SAMSUNG SUBSIDIARIES, AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS DO NOT WARRANT OR REPRESENT THAT: (a) THE SERVICES ARE FIT FOR ANY PURPOSE OR MEET YOUR REQUIREMENTS OR ARE PROVIDED TO YOU WITHOUT ANY ERRORS OR DEFICIENCIES OR THAT THEY ARE IN COMPLIANCE WITH ANY QUALITY LEVELS, AS THE CASE MAY BE; (b) THE SERVICES ARE AVAILABLE TO YOU AT ANY TIME AND PROVIDED TO YOU WITHOUT DISRUPTION, INTERRUPTION OR DELAY; (c) THE SERVICES DO NOT INFRINGE ANY COPYRIGHT OR VIOLATE ANY LAWS WHETHER IN THE COUNTRY WHERE YOU ARE A RESIDENT OR ELSEWHERE IN THE WORLD; (d) NY INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM SAMSUNG OR AS A RESULT OF YOUR USE OF THE SERVICES (INCLUDING ANY MATERIALS OR PRODUCTS) WILL BE SUITABLE, ACCURATE, COMPLETE, OR RELIABLE; AND (e) THAT ANY DEFICIENCIES IN THE SERVICES, INCLUDING ANY DEFECTS IN PERFORMANCE, OPERATION OR FUNCTIONALITY OF THE SERVICES OR ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE FIXED, CORRECTED OR OTHERWISE REMEDIED UNLESS SAMSUNG IS REQUIRED TO DO SO BY LAW. 15.2 ANY DOCUMENTS OR MATERIAL (INCLUDING ANY SOFTWARE AND FIRMWARE UPDATES) DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE PROVIDED BY SAMSUNG 'AS IS' AND AT YOUR OWN RISK. SUBJECT TO CLAUSES 17.3 AND 17.4, SAMSUNG IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR MOBILE PHONE'S, SOFTWARE, COMPUTER SYSTEM OR OTHER DEVICE OR DEVICE'S SOFTWARE OR ANY LOSS OF DATA THAT IS CAUSED BY OR RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH DOCUMENTS AND/OR MATERIAL. 16 YOUR LIABILITY 16.1 YOU ARE ENTIRELY RESPONSIBLE FOR ANY BREACH OF YOUR OBLIGATIONS UNDER: (a) THESE TERMS AND CONDITIONS; AND (b) ANY APPLICABLE LAW OR REGULATION IN THE RELEVANT JURISDICTIONS, INCLUDING THE JURISDICTION WHERE YOU ARE A RESIDENT OR FROM WHERE YOU ARE USING THE SERVICES, AND FOR THE CONSEQUENCES OF ANY SUCH BREACH, INCLUDING ANY LOSS OR DAMAGE WHICH SAMSUNG OR ANY THIRD PARTY MAY INCUR OR SUFFER. SAMSUNG WILL HAVE NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY IN RESPECT OF SUCH BREACH. 17 SAMSUNG'S LIABILITY 17.1 SUBJECT TO CLAUSES ‎17.3 AND 17.4, SAMSUNG AND THE SAMSUNG SUBSIDIARIES ARE NOT LIABLE TO YOU, REGARDLESS OF THE LEGAL GROUNDS, IN PARTICULAR WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGE OR LOSSES HAS BEEN NOTIFIED TO SAMSUNG, FOR: (a) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (b) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT); (c) ANY DAMAGE TO AND/OR CORRUPTION OR LOSS OF DATA (WHETHER DIRECT OR INDIRECT); (d) ANY LOSS OR DAMAGE AS A RESULT OF: (i) ANY BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ANY OTHER AGREEMENT OR CONTRACTUAL RELATIONSHIP BETWEEN SAMSUNG AND YOU WHICH IS ATTRIBUTABLE TO NEGLIGENCE ON THE PART OF SAMSUNG, THE SAMSUNG SUBSIDIARIES AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS; (ii) ANY RELIANCE PLACED BY YOU ON THE SUITABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR EXISTENCE OF ANY: (A) SERVICES (INCLUDING ANY SOFTWARE, INFORMATION, DOCUMENTS, MATERIALS MADE AVAILABLE TO YOU AS PART OR IN COURSE OF THE USAGE OF THE SERVICES); OR (B) ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING (INCLUDING ANY PROMOTIONAL MATERIAL) IS MADE AVAILABLE ON OR BY YOUR USE OF THE SERVICES; (iii) ANY CHANGES, MODIFICATIONS, EXTENSIONS OR LIMITATIONS (INCLUDING ANY SUSPENSION OF YOUR USE OF THE SERVICES, ACCESS TO YOUR ACCOUNT AND ACCOUNT DATA OR YOUR REGISTRATION DATA) TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY PART OF THEM); OR (iv) THE USE OF YOUR ACCOUNT DATA BY ANY OTHER PERSON THAN YOURSELF (REGARDLESS OF WHETHER WITH OR WITHOUT YOUR KNOWLEDGE). YOU ARE FULLY RESPONSIBLE AND LIABLE TO COMPENSATE SAMSUNG FOR ANY DAMAGE AND/OR LOSS INCURRED DUE TO THE USE OF YOUR ACCOUNT DATA BY SOMEONE ELSE. 17.2 IN THE EVENT THAT SAMSUNG OR THE SAMSUNG SUBSIDIARIES ARE LIABLE FOR A BREACH OF THESE TERMS AND CONDITIONS, SAMSUNG'S LIABILITY SHALL BE LIMITED TO DAMAGES WHICH SAMSUNG MUST TYPICALLY EXPECT AT THE TIME OF THE CONCLUSION OF THIS AGREEMENT DUE TO THE CIRCUMSTANCES KNOWN AT THE TIME. 17.3 NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT SAMSUNG'S: (a) LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OR IN ACCORDANCE WITH ANY PRODUCT LIABILITY ACT; AND (b) WARRANTY OR LIABILITY FOR DAMAGES OR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW. IF THE LAWS IN THE USER'S JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, BREACH OF STATUTORY GUARANTEES, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE USER AND SAMSUNG'S LIABILITY AND WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 17.4 IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION. 18 Force Majeure 18.1 Samsung is not liable or responsible for any failure to perform, or delay in performance of any of Samsung's obligations under this Agreement that is caused by events outside Samsung's reasonable control (Force Majeure Event), in particular (without limitation): (a) unavailability of public or private telecommunication networks; (b) acts, decrees, legislation, regulations or restrictions of any government; or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster. 18.2 Samsung's performance under this Agreement is deemed to be suspended for the period that Force Majeure Event continues, and Samsung will have an extension of time for performance for the duration of that period. 18.3 Samsung will use its reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which Samsung's obligations under this Agreement may be performed despite the Force Majeure Event. 19 Links to third party sites and other content 19.1 The Services may contain hyper links to content resources and services of third parties, including other websites (External Resources). Samsung is not responsible for and has no control over the content (including advertisements, products and other materials) provided, made available and/or displayed to You under these External Resources and is not liable for any damage or loss incurred by You due to or as a result of the content (including any reliance by You on the availability, accuracy, applicability or completeness of the content) which is made available to You, provided to You or displayed to You under these External Resources. 19.2 You may from time to time and as a result of or through the Use of the Services purchase or avail Yourself of services, goods or software which is provided to You by a third party. Your use of such other services, goods or software may be subject to separate terms and conditions between You and the respective third party. This Agreement does not affect Your legal relationship with that third party and Samsung is not liable or responsible for any services, goods or software provided to You by any third party. What else You should know and understand 20 Special terms and conditions 20.1 When You register for a Service You may be presented with special terms and conditions which, among others, describe specific features and characteristics of the Service and may stipulate additional legal provisions (collectively referred to as Special Terms). 20.2 Any Special Terms apply in addition and in conjunction with these Terms and Conditions. In the event of a conflict between these Terms and Conditions and any of the Special Terms, the Special Terms shall take precedence over these Terms and Conditions. 21 Language of this Agreement 21.1 Samsung may provide You with a translation of the English version of this Agreement. This translation is provided for Your convenience only. In the event of any conflict between the English language version and the translation version of these Terms and Conditions and to the extent permissible by applicable law, the English language version takes precedence over any translation version. 22 Procedure for making claims and notices regarding infringement of intellectual property rights and other rights 22.1 Samsung may respond to notices of alleged copyright infringement or violation of other laws in accordance with applicable law and may terminate, suspend or block access (either temporary or permanently) to accounts of users who repeatedly infringe copyright laws or violate other applicable law. 22.2 Any notices regarding any copyright infringement or violation of other laws by the Services, any content provided with or displayed in the Services or any User Content should be sent to http://help.content.samsung.com 23 Confidentiality 23.1 The Services may contain information which is confidential to Samsung including, without limitation, all information designated as confidential or recognisable as trade or business secrets or for other reasons recognisable or made available to You as confidential. 23.2 Unless stated otherwise in these Terms and Conditions You will: (a) keep such information confidential for an unlimited period of time and not disclose such information without Samsung's prior written consent; and (b) neither record or otherwise utilise such information unless required for the purposes of this Agreement. 23.3 Clause ‎23.1 shall not apply in the event that You are required to disclose information which is confidential to Samsung according to applicable law. In this case and to the extent permissible by applicable law, You will notify Samsung immediately of any disclosure of any information which is confidential to Samsung. 24 General provisions 24.1 Samsung will rely only on the written Terms and Conditions. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding towards Samsung unless expressly confirmed in writing by Samsung to You. 24.2 Samsung may provide You with notices (including notices relating to changes to the Agreement or termination of the Services or parts thereof) by email, ordinary mail, or postings on or via the Services. 24.3 If Samsung does not exercise or enforce any legal right or remedy which is set out in this Agreement or which Samsung has the benefit of under any applicable law, this will not be construed as a formal waiver of Samsung's rights or remedies and such rights or remedies will remain available to Samsung. 24.4 If any provision of this Agreement is held to be invalid, illegal or unenforceable (in whole or in part) as determined by a court of law having jurisdiction to decide on this matter, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 24.5 Each of the Samsung's Subsidiaries shall be a third party beneficiary to the Agreement and shall be entitled to directly enforce and rely upon any provision of this Agreement which confers a benefit on (or rights in favour of) them. Subject to the foregoing, no other person shall be a third party beneficiary to this Agreement. 24.6 You are not permitted to transfer, assign or otherwise dispose of this Agreement which is personal to You, or any of Your rights or obligations arising under this Agreement without the prior written consent of Samsung. 24.7 This Agreement and Your relationship with Samsung under this Agreement shall be governed and construed in accordance with the laws of the jurisdiction where You are a resident, without regard to its conflict of law provisions and subject to the non-exclusive jurisdiction of the courts of such jurisdiction, to resolve any legal matter arising in relation to the Agreement. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Samsung Privacy Policy • Scope This Privacy Policy applies to any Samsung device, website or online application that refers to or links to the Privacy Policy and any other personal information that you provide to us or we otherwise collect (collectively, our “Services”). The Privacy Policy applies regardless of whether you use a computer, mobile phone or device, tablet, TV, wearables or other devices or other related technologies and services (collectively and individually, our "Devices") to access our Services. This Privacy Policy consists of the main body of the Privacy Policy, which relates to all Devices, as well as a Mobile Device Supplement. To the extent that you are using any Samsung mobile devices, wearables and other related technologies and services (collectively, our "Mobile Devices"), then in addition to the terms of the body of this Privacy Policy, the Mobile Device Supplement will apply. Effective: 21 April 2017 Samsung Electronics Australia Pty Limited (ACN 002 915 648) (“Samsung,” “we,” “us,” “our”) knows how important privacy is to our customers, and we strive to be clear about how we collect, process, use, disclose and store your personal information. This Privacy Policy provides an overview of our information practices. The Privacy Policy applies to Samsung Devices, websites or online applications that refer to or link to the Privacy Policy and to any other personal information you provide to us or we otherwise collect. The Privacy Act 1988 (Cth) (the “Privacy Act”) applies to Samsung's collection, use and disclosure of your personal information as well as other applicable laws protecting privacy. Where appropriate, Samsung will handle personal information relying on the employee records exemption and the related bodies corporate exemption in the Privacy Act. While this Privacy Policy applies to all our Services, additional consents may be obtained for specific services or certain uses or disclosures of your personal information. If you receive a product or service from one of our affiliates or your information is otherwise collected by one of our affiliates, that affiliate may have a separate privacy policy. You should refer to that privacy policy for further details about how the affiliate may collect, process, use, disclose and store your information. This Privacy Policy (including the Mobile Device Supplement) should be read in conjunction with, and is subject to: (i) any other privacy or collection statement that Samsung may provide to you when it collects your personal information or provides a particular Service; and (ii) any terms and conditions of use which govern your access to and use of each of our Services. Please note that the Privacy Policy applies regardless of whether you use a computer, mobile phone or mobile device, tablet, TV, wearables or other device to access our Services or provide information to us. It is important that you read the Privacy Policy carefully because anytime you use our Services, you consent to the practices we describe in the Privacy Policy. If you do not agree to the practices described in the Privacy Policy, you should not use our Services. It also is important that you regularly check for updates to the Privacy Policy. If we update the Privacy Policy and you use our Services after the update, the new practice(s) identified in the update will apply to your use of the Services, although in certain cases we also may let you know about changes we consider to be material by placing a notice on relevant Services. The most current version of the Privacy Policy will always be available here http://www.samsung.com/au/info/privacy.html. You can check the “effective date” posted at the top to see when the Privacy Policy was last updated. • What personal information do we collect? We collect the following types of personal information: • identification information, including your age or date of birth and gender; • contact information, including mailing or street address, email address, telephone number and other contact details; • preferences you have submitted, including your preferred settings for your use of the Services; • financial information, including bank details, credit card information or other information about your financial circumstances, as applicable; • information related to any Devices or Services you enquire about or purchase; • comments you make on our websites or blogs, information you provide to us through customer surveys, promotions and competitions, and any additional information relating to you that you provide to us directly or indirectly through our websites or Services or to our representatives; • your hardware model, IMEI number and other unique device identifiers, MAC address, IP address, operating system version, and the settings, including the regional and language settings, of the Device you use to access the Services; • information required for registration for our Services, as applicable; • details of the Services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries; or • any other personal information that may be required in order to facilitate your dealings with us. We may collect these types of personal information either: • directly from you; • through your use of our Services; or • from third party sources. Why do we collect, hold use and disclose your personal information? We collect, hold, use and disclose your personal information for the purpose of providing Services and information to you, for our business operations, for purposes notified to you at the time of collection and for other purposes set out in this Privacy Policy, including the Mobile Device Supplement to this Privacy Policy. You can choose not to provide us with certain types of information, but if you do so we may not be able to provide you with certain Services or it may affect your ability to use or receive some Services. Information you provide directly We may collect information directly from you: • To provide and improve our products and services— we may sometimes collect personal information to assess and analyse our market, customers and Services, to enable us to monitor, review and improve the Services which we offer and for internal record keeping purposes. Subject to the direct marketing section below, we may also use your personal information for marketing purposes. . • For surveys, promotions or competitions—we may collect information from you in customer surveys, prize draws, competitions or promotions. We may also use this information to monitor or improve customer satisfaction, to improve our Services and (subject to the direct marketing section below) for marketing purposes. • To assist with your queries—you may choose to provide us with your name or other contact details when you call us by phone, write to us or email us, so that we can respond to your query and send you information about our products and services. • When you use our websites—in general, you can use parts of our websites without giving us any information, unless you are interacting with us for purposes which require you to provide personal information, such as those described above. On certain pages of our websites, for example registration pages, we will request information about you. We will only be able to provide you with our full website environment and services if you have completed and submitted the information required for the registration process and your registration is accepted by us in accordance with the relevant website terms and conditions. If you send information to any bulletin board, forum or newsgroup that may be available on our websites, please remember that any information you provide will become public, and exercise caution when disclosing such information. Please also read the section below about the use of cookies, beacons and similar technologies on our websites. • As part of our general business operations and administration—Samsung may collect personal information from you in relation to its general business operations and administration. This may include information about individuals who are, or are employed by, our suppliers (including service and content providers), contractors, dealers, related companies, agents, advisors, corporate customers and business partners. • For employment and contracting—when you apply for a job or contract with us or otherwise do business with us, we may collect certain information from you, from any recruitment consultant and from your previous employers and others who may be able to provide information to assist us in our decision on whether or not to make you an offer of employment, engage you under a contract or otherwise do business with you. If you are made, and accept, an offer of employment with us, this Privacy Policy will not apply to our acts and practices in relation to employee records about you as a current or former employee to the extent those records are exempt from the operation of the Privacy Act. Information about your use of the Services In addition to the information you provide, we may collect information about your use of our Services through software on your device and other means. For example, we may collect: • Device and online information—such as your hardware model, IMEI number and other unique device identifiers, MAC address, IP address, operating system version, and the settings, including the regional and language settings, of the Device you use to access the Services. • Log information—such as the time and duration of your use of a Service, search query terms you enter through the Services, and any information stored in cookies that we have set on your Device. • Location information—such as your Device’s GPS signal or information about nearby WiFi access points and cell towers that may be transmitted to us when you use certain Services. • Other information—about your use of the Services, such as the apps you use, the websites you visit, and how you interact with content offered through a Service. • As part of our general business operations and administration—Samsung also collects personal information in relation to its general business operations and administration. This may include information about individuals who are, or are employed by, our suppliers (including service and content providers), contractors, dealers, related companies, agents, advisors, corporate customers and business partners. Information from third party sources We may receive information about you from publicly and commercially available sources (as permitted by law), which we may combine with other information we hold which was collected from or about you. We may collect information about you from our suppliers (including repair centers, resellers, service providers, content providers and retail stores) who collect your personal information on our behalf for the purposes set out in this Privacy Policy. We also may receive information about you from third party social networking services when you choose to connect with those services. Other Information We Collect We may collect other information about you, your Device, or your use of the Services in ways described to you in any applicable terms and conditions, terms of service or collection statements. • Use and Sharing of Information • We use the personal information we collect (and may combine it with other information about you) to, among other things: • Provide the Services you request; • Understand the way you use the Services so that we can improve your experience; and • Provide customised content and advertising. We also use the personal information we collect in ways described to you in this Privacy Policy and any applicable terms and conditions or collection statements. We may share your information with the recipients referred to in this Privacy Policy or the applicable terms and conditions or collection statement, including: • Affiliates — the Samsung family of companies. • Business partners—trusted companies that may provide information about products and services you might like. • Service providers and suppliers— including companies that provide services to, for, or on behalf of Samsung. • Law enforcement—when we are required to do so or to protect Samsung and its users. How do we use your information and why? We may use personal information we collect for the following purposes: • to register you or your Device for a Service; • to provide a Service or feature you request and to operate our websites and online platforms; • to assist with your queries; • to provide customised content and make recommendations based on your past activities on our Services; • to maintain and develop our business systems, including for testing and upgrading purposes; • for our general business operations and administration; • to register you on our websites, to administer our website Services (including processing any searches or requests for information about our Services), and to allow you to use those Services (e.g. blogs, open forums, location based services and discussion pages); • for advertising, such as providing customised advertisements and sponsored content and sending you promotional communications; • for assessment and analysis of our market, customers and Services (including asking you for your opinions on our Services and carrying out customer surveys); • to understand the way people use our Services so that we can improve them and develop new products and services; • to provide maintenance services for your device; • to conduct customer surveys, competitions, prize draws or promotions, as permitted by law; • as required or authorised by law; and • otherwise with your consent. We may combine all of the personal information we collect from you, regardless of how you access our Services, and use it for purposes consistent with this Privacy Policy. Where applicable, this means that personal information you provide in connection with one Service may be used in relation to other Services for the purposes we describe in this Privacy Policy. To whom do we disclose your personal information and why? For the purposes described in this Privacy Policy, we may disclose your personal information to the following entities: • Affiliates. Your information may be shared among Samsung affiliates. We may disclose your information to any company in the Samsung group (which includes our affiliates and related companies, contractors to whom we have outsourced the provision of Services to our customers and any other entity operating under the Samsung brand name with authority from Samsung). • Business Partners. We may share your information with our trusted business partners. For example, we may disclose your Device's IP address or device identifier to your wireless carrier. These entities may use your information to provide you with services you request, make predictions about your interests and may provide you with promotional materials, advertisements and other materials. • Service providers and suppliers. We may disclose your information to our service providers, suppliers, contractors, dealers, distributors, resellers, repair centers, agents, and business partners who help us deliver a Service to you or provide services for or on behalf of us, such as companies that help us with billing or that send emails on our behalf. • Our Professional Advisers. We may disclose your information to our professional advisors in the course of obtaining professional advice. • Other Parties When Required or Authorised by Law or as Necessary to Protect Our Services. There may be instances when we disclose your information to other parties: • to comply with the law or respond to compulsory legal process (such as a search warrant or other court order); • to verify or enforce compliance with the policies governing our Services; and • to protect the rights, property, or safety of Samsung, or any of our respective affiliates, business partners, or customers. • Other Parties in Connection With Corporate Transactions. We may disclose your information to a third party as part of a merger or transfer, or in the event of bankruptcy. We may disclose your personal information to anyone to whom all, or any part, of our assets or business are transferred. • Other Parties With Your Consent or At Your Direction. In addition to the disclosures described in this Privacy Policy or in applicable terms and conditions or collection statements, we may share personal information about you with third parties when you consent to or request such sharing. Your Choices We offer a variety of choices about how we use your information. You can make choices about whether to receive promotional communications from us by following the unsubscribe instructions included in the relevant promotional communication. In some cases, you may be able to make choices in relation to specific Services through the Service's settings or when we give you a collection statement. Offshore Disclosure of Personal Information By using or participating in any Service and/or providing us with your personal information, you consent to the collection, processing, use, disclosure, and storage of your information outside of Australia, consistent with this Privacy Policy. You acknowledge that the overseas recipients of your personal information may, depending on the particular Service that you have requested, be located outside Australia including in South Korea, the Philippines, Singapore, Malaysia, the United States of America, Germany, China, the Netherlands, Vietnam, India or Denmark. Please note that the data protection laws and other laws of the countries to which your information may be disclosed might not be as comprehensive as those in Australia. In all cases, by providing your personal information to us or using our Services, you consent to the disclosure of your personal information outside Australia, and acknowledge that Samsung is not required to ensure that overseas recipients handle your personal information in compliance with Australian privacy law. However, where practicable in the circumstances, we will take reasonable steps to ensure that overseas recipients use and disclose such personal information in a manner consistent with this Privacy Policy. Accessing and Correcting Your Information or Making a Complaint You may request access to your personal information we hold about you by contacting our Privacy Officer using the details set out in the Further Information section of this Privacy Policy. If you think that any of the personal information we hold about you is not accurate, complete or up-to-date, you may also request that we correct that personal information by contacting our Privacy Officer. We will respond to any such request within a reasonable period. While we will endeavour to allow you to access and correct the personal information we hold about you, sometimes that will not be possible, in which case we will notify you and give you the reasons why (except to the extent it would be unreasonable for us to do so). If you wish to make a complaint about our handling of your personal information, you may contact our Privacy Officer using the details set out in this Privacy Policy with your full name and contact details and a detailed description of your complaint. We will respond to you within a reasonable period of time to acknowledge your complaint and inform you of the next steps we will take in dealing with your complaint. If we are unable to resolve your complaint, we will inform you of the steps available to you in those circumstances. What do we do to keep your information secure? We have put in place reasonable physical and technical measures to safeguard the personal information we collect in connection with the Services. However, please note that although we take reasonable steps to protect your information, no website, Internet transmission, computer system or wireless connection is completely secure. Third Party Links and Products on Our Services Our Services may link to third party websites and services that are outside our control. We are not responsible for the security or privacy of any information collected by third party websites or other services. You should exercise caution, and review the privacy statements applicable to the third party websites and services you use. We also may make available to you certain products or services developed by third parties. Samsung is not responsible for these third party products or services and you should exercise caution, and review the privacy statements applicable to such third party products and services. Third Parties that Provide Content, Advertising or Functionality on Our Services • Certain third parties may serve advertising or keep track of which advertisements users see, how often they see those advertisements, and what users do in response to them; and • We enable you to share certain materials on the Services with others through social networking services such as Facebook, Twitter, Google +, and LinkedIn. Third parties that provide content, advertising or functionality on our Services may collect or receive certain information about your use of the Services, including through the use of cookies, beacons, and similar technologies, and this information may be collected over time and combined with other information collected across different websites and online services. Some of these third parties participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. If you connect with a social networking service while using a Service or Device, we may receive and store authentication information from that social networking service to enable you to log in, as well as other information that you allow us to receive when you connect with these services. Also, please note that if you choose to connect with a social networking service on a Device used by people in addition to you, those other users may be able to see information stored or displayed in connection with your account on the social networking service(s) with which you connect. Cookies, Beacons and Similar Technologies We, as well as certain third parties that provide content, advertising, or other functionality on our Services, may use cookies, beacons, and other technologies in certain areas of our Services. Cookies Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices, and/or browsing sessions. Cookies serve many useful purposes. For example: • Cookies can remember your sign-in credentials so you don’t have to enter those credentials each time you log on to a service. • Cookies help us and third parties understand which parts of our Services are the most popular because they help us to see which pages and features users are accessing and how much time they are spending on the pages. By studying this kind of information, we are better able to adapt the Services and provide you with a better experience. • Cookies help us and third parties understand which ads you have seen so that you don’t receive the same ad each time you access a Service. • Cookies help us and third parties provide you with relevant content and advertising by collecting information about your use of our Services and other websites and apps. When you use a web browser to access the Services, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. The operating system of your device may contain additional controls for cookies. Please note, however, that some Services may be designed to work using cookies and that disabling cookies may affect your ability to use those Services, or certain parts of those Services. Other Local Storage We, along with certain third parties, may use other kinds of local storage technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage, in connection with our Services. These technologies are similar to cookies, in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your Device from standard cookies, and so you might not be able to configure them using standard browser tools and settings. For more information about disabling or deleting information contained in Flash cookies, please click here. Beacons We, along with certain third parties, may also use technologies called beacons (or “pixels”) that communicate information from your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from your Device, know when you have viewed particular content or a particular email message, determine the time and date on which you viewed the beacon, and the IP address of your Device. We and certain third parties use beacons for a variety of purposes, including to analyse the use of our Services and (in conjunction with cookies) to provide content and ads that are more relevant to you. By accessing and using our Services, you acknowledge that this Privacy Policy will apply to the storage of cookies, other local storage technologies, beacons and other information on your Devices, and to the access of such cookies, local storage technologies, beacons and information by us and by the third parties mentioned above. Location-based services To the extent that you are using any of our location-based services or functionality (“Location-Based Services”), then in addition to the terms of this Privacy Policy, this paragraph will also apply. The Location-Based Services are offered by collecting, storing, transmitting or processing the location data of the user and/or his or her Device upon using such Location-Based Services. All such location information will be dealt with in accordance with the terms of this Privacy Policy. Voice Services To the extent that you are using any voice recognition or voice command services or functionality ("Voice Services"), then in addition to the terms of this Privacy Policy this section will also apply. You can control certain Samsung Devices, and use many of their features, with voice commands. Depending on your model and region you can command your Device to activate certain features such as playing songs from a playlist, change channels or performing web searches using S Voice. Further, for Mobile Devices you can control everything you would do using the touch interface, by using voice commands with Bixby. You can also receive language translation support through S Translator, dictate memos through Voice Memo or, if you have enabled Car Mode, activate features while driving by speaking to your Mobile Device. To provide the Voice Services, some voice commands may be transmitted (along with information about your device and its usage, including device identifiers) to a third party service provider that converts your voice commands to text. In addition, Samsung may collect and use, and your device may capture, voice commands and associated texts so that we can provide you with Voice Services and evaluate and improve the Voice Service features. The Voice Services are strictly optional and can be enabled during your Device's set-up process, or at a later date through your Device settings. If you no longer wish to use the Voice Services, you may at any time disable the Voice Services using the settings menu of your Device. Direct Marketing We may also use or disclose your personal information to provide you with information about products, promotions, special offers and other information which relates to our Services or which we believe may be of interest to you. We may send you such information by email, telephone, SMS text message and/or any other form of electronic messages, post, fax or smartphone or other smart-device applications, social networking websites or any other method which becomes relevant from time to time. When you provide us with information about yourself, you will usually be given the option to let us know that you do not want that personal information to be used for direct marketing purposes. You can change your mind about your preferences in respect of direct marketing and make choices at any time by following the unsubscribe instructions included in the relevant marketing communication, or by contacting our Privacy Officer. Further information If you have any questions or wish to access or correct your personal information, make a complaint or change your preferences in respect of direct marketing, please contact our Privacy Officer at: Samsung Electronics Australia Pty Limited 3 Murray Rose Avenue, Sydney Olympic Park NSW 2127, Australia Email: privacy.au@samsung.com Telephone: (02) 9763 9700 [Hyperlinked Key Terms] [Provide customised content and make recommendations]: We may use personal information we collect about you to provide you with customised content and make recommendations that are based in part on your past activities on our Services. [Improve them and develop new products and services]: We may use information we collect to understand the way you use the products and Services we offer so that we can improve them and develop new products and Services. For example, we may use this information to make better-informed decisions about the use of our Services and the selection of Samsung and third party content and information that is accessible through our Devices and Services. [Affiliates]: The term ‘affiliates’ refers to companies related to Samsung Electronics Australia Pty Limited by common ownership or control. Our affiliates include companies with the Samsung Electronics name, such as Samsung Electronics Co. Ltd. and Samsung Electronics (UK) Limited. Affiliates may also include other companies related by common ownership or control, such as Samsung Information Systems America.   SAMSUNG GLOBAL PRIVACY POLICY - SMART TV SUPPLEMENT Samsung’s Smart TV service offers a set of features that provide enhanced video content, customized TV experiences, movies, connections to social networking services, and the ability to control and interact with your Smart TV with voice commands. We collect, use, share, and store information through your Smart TV in the ways described in the Samsung Privacy Policy. This Supplement provides additional details about the privacy practices of some Smart TV features. Interactive and Customized Content The Smart TV is designed to enable you to easily find and access video programming and other content. For example, you may access information about live television programs distributed to you by your cable or satellite operator and on-demand video content offerings distributed by third-party content providers through searchable guides displayed on your Smart TV. In the case of live television programs, we determine what content is available to you based in part on your postcode. In addition, the Smart TV helps you find and experience other Smart TV content more relevant to you by highlighting programming and content that is likely to interest you or providing additional services that will enhance your viewing experience. We base these recommendations and additional services on: • Information about content that you have watched, purchased, downloaded, or streamed through Samsung applications on your Smart TV or other devices; • Information about applications you have accessed through the Smart TV; • Information about your clicks on the “Like,” “Dislike,” “Watch Now,” and other buttons on your Smart TV; • The query terms you enter into Smart TV search features, including when you search for particular video content; • Other Smart TV usage and device information, including, but not limited to, IP address, information stored in cookies and similar technologies, information that identifies your hardware or software configuration, browser information, and the page(s) you request. Please visit the “settings” menu of your Smart TV for choices that may be available to you if you do not wish to continue to receive personalized recommendations or certain enhanced features on your Smart TV. If you disable such personalized recommendations or additional features, then the information and content displayed on your Smart TV may not be as relevant to you. Samsung may still collect information about your usage of the Smart TV for the purposes described in this Samsung Privacy Policy. Interest-Based Advertisement By enabling the Interest-Based Advertisement feature on your Smart TV, you can choose to make content and advertising served to your Smart TV or across various Samsung and third-party platforms or devices, including linear commercials, on the web, mobile devices, and tablets more relevant to you. To provide the Interest-Based Advertisement feature, we collect video snippets of the program that you watch and use this information in order to return content or advertisements that may be more relevant to your tastes based on your TV “viewing history”. Your TV “viewing history” includes information about the networks, channels, websites visited and programs viewed on your Smart TV and the amount of time spent viewing them. We may use automatic content recognition (ACR) and other technologies to capture this TV viewing history. Your Smart TV “viewing history” may be supplemented with other types of information as described in the main body of this Privacy Policy, such information will include data about the usage of your Smart TV as well as technical information about your devices, such as model specifications and the IP address. When an ad is served to you, we may also log the fact that your device received that ad, as well as the webpage or other place where you viewed it. We may also seek to collect information using cookies, beacons and similar technologies. Please see the Samsung Privacy Policy for more information about how these work and how you can control their use. You may disable the Interest-Based Advertisement feature at any time by visiting the “settings” menu on your Smart TV. However, if you disable the Interest-Based Advertisement feature, it will not affect whether you receive other types of ads and marketing that is not specifically based on TV viewing history or Smart TV usage information, for example ads based on generalized regional or statistical data. The only difference will be that such ads will not be based on your Smart TV “viewing history”. PSID Your Smart TV viewing history and usage information for the purposes of providing interest based advertisements will be linked to a randomized, non-persistent and resettable device identifier called the Personalised Service ID or “PSID”. You may reset your PSID at any time by visiting the settings menu on your Smart TV, and once reset your Smart TV viewing history and Smart TV usage information with respect to interest based advertisements will be de-linked from its previous PSID. Bear in mind that if you reset your PSID, the quality of customized and interest based advertisements may not be fine-tuned. Voice Recognition You can control your Smart TV, and use many of its features, with voice commands. If you enable Voice Recognition, you can interact with your Smart TV using your voice. To provide the Voice Recognition feature, your voice commands will be transmitted (along with information about your device, including device identifiers) to us and we will convert your voice commands into text to provide the Voice Recognition features. In addition, Samsung may collect voice commands and associated texts so that we can evaluate and improve the features. Samsung will collect your voice commands only when you make a specific search request to the Smart TV by clicking the activation button either on the remote control or on your screen and speaking into the microphone on the remote control. If you do not enable Voice Recognition, you will not be able to use the voice recognition features. You may disable Voice Recognition data collection at any time by visiting the “settings” menu. However, this would prevent you from using the Voice Recognition features Third Parties Please note that when you watch a video or access applications or content provided by a third-party, that provider may collect or receive information about your Smart TV (e.g., its IP address and device identifiers), the requested transaction (e.g., your request to buy or rent the video), and your use of the application or service. Samsung is not responsible for these providers’ privacy or security practices. You should exercise caution and review the privacy statements applicable to the third-party websites and services you use. Country-Specific Features Please note that one or more of the features described in this Smart TV Supplement may not be available to you depending on where you live. SAMSUNG PRIVACY POLICY - MOBILE DEVICE SUPPLEMENT Samsung Mobile Devices offer a wide range of features including those allowing users to monitor and improve their fitness and well-being, improve their user experience, make mobile payments and control their Mobile Devices with voice commands. When you use our Mobile Devices we collect, process, use, disclose, and store your information in the ways described in the Samsung Privacy Policy. This Mobile Device Supplement provides additional details about how we use that information to provide our Mobile Device features. Specific Features Please note that one or more of the features described in this Supplement may not be available to you depending on your model version, your service provider or where you live or access the features. Samsung Health The Samsung Health application, connected applications and associated accessories (collectively “Samsung Health”) is an all-in-one companion designed to encourage a healthy lifestyle. With Samsung Health, you can track your everyday activities; get coaching to reach your daily fitness goals and milestones; and measure and manage factors such as your heart rate, SpO levels, and stress level. The purpose of processing data for Samsung Health is to provide the health service or feature that you request, including data back-up and sync services for Samsung account users, to provide data analysis and statistics to enhance your wellness and to improve Samsung Health itself and its offerings. Data can be collected either through sensors on your Mobile Device or when you manually enter your own data into the applicable Mobile Device or related Samsung Health application or accessory. Further information on the way we process your personal information is described in the Samsung Health Privacy Notice, viewable in the Settings menu of the Samsung Health application. Enhanced Features Enhanced Features is a bundled set of services designed to simplify and improve the ways in which you can share information and connect with your friends. With the currently available Enhanced Features for example, you can share your profile and view images from your friends using Profile sharing and easily share files with your friends using Simple Sharing. In order to provide you with the Enhanced Features, we will need to collect your phone number, information from your contacts list and access to messages. You have the choice to disable Enhanced Features in its entirety, or in the alternative, you can pick and choose which of the Enhanced Features services you wish to use, by visiting your Profile in the Contacts section of your Mobile Device. In addition, based on how you choose to use Enhanced Features, you can choose what categories of data you will share, as well as which friends you want to share data with. Interactive and Customised Services Samsung Mobile Devices are designed to be nimble, easy and intelligently anticipate your needs and preferences. Accordingly, our Mobile Devices are designed to learn about and remember your individual needs and preferences in order to provide you with better and more tailored, interesting and useful Services and features. If you choose to opt-in and enable Interactive and Customszed Services on your Mobile Device, one simple benefit would be not having to input data again and again. Instead, we can make better use of your past actions and anticipate what you may want to input without being asked. If you opt-in to Interactive and Customised Services, you may also benefit from our improved ability to offer you recommendations, Services or content based on your past usage information. For example, if we learn from your application usage information that you are very interested in sports, we will provide you with more relevant information, offers or hints about sports, enhancing your experience with our Mobile Devices. We will base these “Interactive and Customised Services” on: • Information about websites or search query terms on your browser applications; • Information about applications you have accessed through your Mobile Device; • Other Mobile Device usage and device information, including, but not limited to, information that identifies your hardware or software configuration and settings, browser information, and the page(s) you request; • Information about your location and points of interests; • Contact lists; and • Voice commands and usage information regarding voice recognition features. Please visit the “privacy” menus of your Samsung account profile or applications for choices that may be available to you if, after opting-in, you no longer wish to receive Interactive and Customised Services on your Mobile Device or you wish to adjust the levels of personalisation for a particular Service or feature. If you disable Interactive and Customised Services altogether, then the information and content delivered to your Mobile Device may not be as relevant to you. Even if you disable Interactive and Customised Services, Samsung may still collect information about your use of your Mobile Devices for the purposes described in this Privacy Policy. Samsung Pay Samsung Pay is an easy and safe way to make debit and credit card purchases using your compatible Mobile Device. To use Samsung Pay and initiate the card registration process, identification and verification data will be submitted to your bank from your Mobile Device. This includes Samsung account information and Samsung Pay usage data, device information, if you have enabled location settings your location information (i.e., where you are when you register your card), and your card information and billing address, which will be sent to your card issuer, passing through our servers. This information is encrypted by your Mobile Device and sent to your bank over Samsung servers. We never access any card or bank details. Once your Mobile Device has been enrolled, all transaction data is transmitted securely between your Mobile Device and your card issuer and bank. Recent transaction history is available on your Mobile Device and is known only to you, your bank and card issuer. We do not collect any information about the transactions you make or the device or account used to make transactions. We may, however, aggregate and anonymize information collected regarding your attempts to make purchases using Samsung Pay to understand the way our users use Samsung Pay so that we can improve it by making it more convenient and useful for our users. Further information on the way we process your information is described in the Samsung Pay Privacy Notice, viewable in the Settings menu of the Samsung Pay application. Samsung Advertising ID In order to make the content and advertising on your Mobile Device more relevant to you and subject to the direct marketing section of the Privacy Policy, we will collect information about your usage of your Mobile Device and Services. Information about your Mobile Device usage that is collected for the purposes of providing customised marketing will be linked to a randomised, non-persistent, and resettable device identifier called a Samsung advertising ID. You may reset your Samsung advertising ID at any time via the Settings menu on your Mobile Device and your previous usage information with respect to customised marketing will be de-linked and separated from what is collected under your new Samsung advertising ID. However, if you reset your Samsung advertising ID, the customised marketing which we provide to you may not be as well-aligned to your personal interests. You may also opt-out of receiving customised marketing at any time via the unsubscribe instructions set out in the relevant marketing material or the Settings menu of the applicable Samsung Service application on your Mobile Device. However, even if you opt-out of receiving customised marketing, this will not affect whether or not you receive other types of ads and marketing on your Mobile Devices. The only difference will be that those ads will not be customised or based on the usage information of your Mobile Device. Please also bear in mind that Samsung may still collect information about your usage of your Mobile Device as set out, and for the purposes described, in the main body of this Privacy Policy. Hand Hygeine Australia Privacy Policy It is important to us at Hand Hygiene Australia that we protect your privacy and manage your personal information with respect. We are committed to doing this in a way that is consistent with our obligations under the Privacy Act 1988 (Privacy Act) and the Australian Privacy Principles (APPs). This document describes how we achieve this goal. In general, we collect your personal information directly from you when you deal with us by telephone, letter, e-mail, fax, face-to-face or through our website. We only collect, hold and disclose personal information where it is reasonably necessary for, or directly related to, our functions or activities. To learn more about these activities, our team, and our governance, please see information available elsewhere on our website. Website When you visit our website, our server makes a record of your visit and logs the following information for statistical purposes or systems administration purposes: · your server address your top level domain name (for example .com, .gov, .au, .uk etc) · the date and time of your visit to the site · the pages you accessed and documents downloaded · the previous site you have visited · the type of browser you are using. This information is also collected when you visit our learning management system. No attempt will be made to identify users or their browsing activities, except in the unlikely event of an investigation where a law enforcement agency may exercise a warrant to inspect the logs. We will only record your e-mail address if you send us a message. Helpdesk and other direct contact If you contact us directly via email, letter, telephone, fax, or other medium, your personal information will only be used or disclosed for the purpose for which you have provided it. We will not use or disclose your information for any other purpose without your consent. For example, we will record your name and email address or postal address in order to respond to your query, but we will not add it to a mailing list without your consent. You should note that there are inherent risks associated with using the Internet as a transmission medium in that when you send information over the Internet it might be possible for other people to see what you are sending. If this is of concern to you, then you should use other methods of communication. Alternatively you may wish to deal with us anonymously. We will endeavor to address anonymous requests if it is practicable to do so. Hand Hygiene Compliance Application (HHCApp) Your information To register as a HHCApp user, we ask you to provide personal information including: · your name · your email address · your workplace · your role in hand hygiene auditing and promotion We collect this and other relevant information so that we can establish a unique account for you. This in turn allows you access to the appropriate data and functionality. In addition, we send emails to HHCApp users with information that we consider to be important for your appropriate use HHCApp and functioning of the National Hand Hygiene Initiative. This usually occurs via an e-bulletin following each audit period (three times per year) but may occasionally require an email message at other times. You can access and correct your registration information in HHCApp by logging-in and clicking on your name in the top right hand corner (next to the logout button). Alternatively, contact us directly. Audit data The hand hygiene audit data that is entered into HHCApp is accessible by nominated administrators in your organisation and appropriate users within the healthcare system. For example, if you collect hand hygiene compliance data at a public hospital, this information will be accessible to the hand hygiene coordinator at your hospital (Organisation Administrator), as well as the appropriate infection control or quality staff at the health service to which the hospital belongs (Region Administrator). This data would also be accessible to the Jurisdictional Hand Hygiene Coordinator in your jurisdiction (Jurisdictional Administrator). Please visit the ‘Contact Us’ section of our website to see who the jurisdictional coordinators are. If you collect hand hygiene compliance data at a private healthcare facility, this information will be accessible to the hand hygiene coordinator at your facility (Organisation Administrator), as well as the appropriate infection control or quality staff at the governing body to which the facility belongs (Organisation Group Administrator). Users at these administrative levels are governed by their own privacy policies, but are likely to use this data for quality improvement and as a quality indicator. For example, each Australian jurisdiction submits their own jurisdictional data to the National Health Performance Agency for publication on the MyHospitals website. We may use this data where it is reasonably necessary for, or directly related to, our functions or activities. However, the data will not be presented in an identifiable form without consent. For example, we present aggregate national data on our website and at educational sessions or conferences. We may also perform analyses to monitor the progress of hand hygiene promotion, identify risk factors for non-compliance, or other quality assurance and research purposes. Hand hygiene auditor training When registering to participate in workshops organised by Hand Hygiene Australia, we ask for your name, contact details (email address and telephone), profession, dietary requirements, hand hygiene role at your organisation, and details about your organisation. This information is gathered to facilitate organisation of our workshops and to ensure that attendees are allocated to the correct workshop. Following hand hygiene auditor training, either by Hand Hygiene Australia, your jurisdictional hand hygiene coordinator, or by a local Gold Standard Auditor, your name and details of your training will be recorded on our Hand Hygiene Auditor Register along with details of your training. This information is collected as part of validation of data submitted for the purposes of the National Hand Hygiene Initiative. Hand Hygiene Australia is occasionally contacted by Organisation Administrators to verify that individuals within their organisation are appropriately trained to collect data for the NHHI. Where we have documented records for the individual concerned, we will reply stating that we are able to confirm that they are appropriately trained. Otherwise we will reply that we are unable to confirm that the individual is appropriately trained. Learning management system To register as a user of our learning management system, we ask you to provide personal information including: your name · your email address (optional) · your profession and workplace · your employee number · your professional registration number (optional) We collect this information in order to establish a unique account for you and to facilitate the reporting needs of your organisation. Your account allows you to access your learning records at any time. For example, you can log in to your account to download certificates of course completion. In addition, if you link yourself with a specific organisation during self-registration (or subsequently), then the nominated administrator(s) at your organisation can access your personal information and learning records. As described for HHCApp, other administrators at regional, jurisdictional and national level will also have access to your records. This is done, in accordance with the National Hand Hygiene Initiative, to develop an effective education and credentialing system to improve knowledge about hand hygiene and infection control. It is also possible for you to register as a user without affiliating your record with an organisation. In this case, your information is accessible to us, but not to organisation administrators. You can access and correct your registration information at any time by logging in, or alternatively, you can contact us directly. We may use your data where it is reasonably necessary for, or directly related to, our functions or activities. For example, we present aggregate reports on the number of people that have completed our learning modules. However, the data will not be presented in an identifiable form without consent. Quality and security of personal information We will take reasonable steps in relation to matters within our control to ensure that personal information is accurate, current, complete and relevant. We will also ensure that personal information is reasonably protected from misuse, interference, loss and from unauthorized access, modification or disclosure. We store personal information using both physical and electronic filing systems as well as secure computer servers. We employ a range of physical and electronic security measures to protect personal information from misuse and loss and from unauthorised access, modification or disclosure. These measures include restricted physical access to our offices; security firewalls and computer user identifiers and passwords. We will destroy or de-identify personal information if it is no longer needed for any purposes and if we are not required by an Australian law to retain it. Disclosure to overseas recipients Our server is held in Australia and is maintained by the Australian Commission for Safety and Quality in Healthcare. It is unlikely that we will disclose personal information to an overseas recipient. However, if we do, we will take all steps that are reasonable in the circumstances to ensure that this recipient complies with this privacy policy. Accessing and correcting your personal information You can access the personal information that we hold about you and can ask us to correct that information. In the case of HHCApp and our learning management system, you can do this by logging in to your account. Otherwise, please contact us directly using the information provided on the Contact Us page of this website. Further information or complaints Should you wish to contact us about any privacy inquiry or complaint, please contact the National Project Manager on (03) 9496 3587 or write to: National Project Manager Hand Hygiene Australia c/- Infectious Diseases Dept., Austin Health PO Box 5555 Heidelberg 3084 Victoria, Australia. Changes Hand Hygiene Australia reserves the right to update this Privacy Policy at any time. The most current version of this policy is available at http://www.hha.org.au/hha/privacy-policy.aspx Queensland Health iLearn Terms of Use Limitation of liability To the fullest extent permissible at law the State of Queensland and its officers, employees, agents, agencies, instrumentalities, contractors, successors, assigns and others acting under its control are irrevocably and unconditionally released from any and all liability to each person or organisation using this Site as a result of any information being incorrect. Information and content The information provided is correct to the best of our knowledge, but no warranty as to accuracy is given and each person or organisation should not act on the basis of its contents without taking appropriate independent advice. The information and materials on this Site are made available on the understanding that they do not constitute professional or expert advice. Health and medical information disclaimer The information provided on this Site is provided for information purposes only. If you are a patient using this Site, you should seek assistance from a health care professional when interpreting these materials and applying them to your individual circumstances. If you have any concerns about your health, consult your general practitioner. Information provided on this Site does not imply endorsement of third-party services or products and cannot provide you with health and medical advice. Links to other websites Links to other web sites are inserted for your convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service. It is the responsibility of the user to make their own decisions about the relevance or accuracy, currency and reliability of information found on those sites. Viruses We do not represent or warrant that any files obtained from or through this Site are free from computer viruses or other defects. The State of Queensland its officers, employees, agents, agencies, instrumentalities, contractors, successors, assigns and others acting under its control accept no liability for the presence of computer viruses or other defects. Evernote Terms of Service Effective Date: October 4, 2016 - What’s new » Welcome to Evernote! We invite you to access our websites and use the Evernote service, but please note that your invitation is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the Service (as defined below), so please review these Terms carefully. What Are the Terms of Service? The Terms of Service constitutes a contract between us. The Terms include the provisions set forth in this document and in the Evernote Privacy Policy, Commercial Terms, User Guidelines, IP Compliance Program and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract. By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of your Account Information and your Content in accordance with such Privacy Policy. What Is the Evernote Service? The Evernote Software (as defined below), the Evernote service, and other products, services and websites hosted or made available by Evernote, including, for example our App Center, User Forum, support pages, and the Evernote Market are collectively referred to in these Terms as the “Service”. In exchange for being enabled to use the Service, you agree to abide by these Terms. If This Is a Contract, Who Are the Parties? You are one party to this contract. If you reside in the United States or Canada, then the other party to this contract is Evernote Corporation, a corporation headquartered in California. If you reside in Brasil, then the other party to this contract is Evernote do Brasil Serviços de Aplicações Ltda., a company headquartered in the city of São Paulo, State of Sao Paolo, Brasil (“Evernote Brasil”). If you reside outside of the United States, Canada and Brasil, then the other party to this contract is Evernote GmbH, a company headquartered in Zurich, Switzerland. (Evernote Corporation, Evernote GmbH and Evernote Brasil, as applicable, may be referred to in these Terms of Service as “Evernote,” “we” and sometimes “us”). On some occasions, you may be purchasing products or service subscriptions from an authorized reseller. Please review our Commercial Terms for information about additional contract terms relating to such purchases. Is This the Only Contract I Have with Evernote? It depends upon how you interact with the Evernote service and our software applications. If you install any Evernote Software on your computing devices, you may be asked to agree to an end user license agreement. If you use related Evernote products or services (such as Evernote Business) or participate in our User Forum, you may also need to enter into a separate agreement with us (usually by clicking “accept” or “agree”). We refer to each of these as a “Separate Agreement.” If that happens, the Separate Agreement shall take precedence if there is a conflict between those terms and this Terms of Service document, to the extent of such conflict and with respect to the particular subject matter of that Separate Agreement. Will These Terms of Service Ever Change? Changes in these Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change. If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service (see “How is My Account Closed” below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose. What Do I Have to do to Use the Evernote Service? First, you need to create an Evernote service account. You create an account by providing us with an email address and creating a password. (Some older accounts also required a username.) We refer to this as your “Account Information.” We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team. Second, you will need to access your account through a web browser or by installing our client software on your computers, tablets and phones. Sorry, but obtaining those devices and paying for their connectivity and data plans is your responsibility. Evernote also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service. Can I Share My Account with Someone Else? Evernote service accounts should not be shared. If you share your Account Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper account holder. We will not have any liability to you (or anyone you share your Account Information with) as a result of your or their actions under those circumstances. Since you may use a free Evernote service account, and since we provide a number of mechanisms to allow you to share your account Content with others, we strongly urge you not to share your Account Information with anyone, unless you are doing so as part of your estate planning purposes, as discussed below. If you are looking for ways to share Content with others – particularly in a business, school or other organizational setting - we encourage you to explore Evernote Business. Once I Have an Account, What Are My Rights in the Evernote Service? Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Evernote Software provided to you by or on behalf of Evernote, for the sole purpose of enabling you to use the Evernote Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the Evernote Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in Evernote or the Service. Evernote’s Data Protection Laws Say My Data Is Mine – What Does That Mean? You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant Evernote a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, Evernote acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content. What Is the License I Have to Grant to Evernote? In order to enable Evernote to operate the Service, we must obtain from you certain limited license rights to process your Content so that technical actions we take in operating the Service are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing your Content, unless you give us these rights. Accordingly, by using the Service and uploading Content, you are granting Evernote a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers and other devices) and reproduce such Content to enable Evernote to operate the Service. You also agree that Evernote has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion. You agree that these rights and licenses are royalty free, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for Evernote to make such Content available to, and pass these rights along to, others with whom Evernote has contractual relationships related to the provision of the Evernote service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Evernote determines such access is necessary to comply with its legal obligations. If you elect to use any third party service or application that is integrated with Evernote, you also agree that the licenses granted to Evernote in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant Evernote the right and license to enable third party access to and extraction of your Content. Evernote does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers. Inasmuch as we rely upon your rights to upload and distribute your Content, you represent and warrant to Evernote that you have the unfettered legal rights and authority to submit your Content to Evernote, to make any other user, publication or other distribution of that Content in your use of the Service, and to grant the rights granted to Evernote under these Terms. Finally, you understand and agree that Evernote, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. What Other Assurances Do I Have to Grant to Evernote? When you use the Evernote service to send Work Chat messages to an email address, to a telephone number via SMS, or through a social media account (e.g., Facebook or LinkedIn) that has not been linked to an Evernote account, Evernote sends such messages on your behalf, and we are relying on your representation to us that you have a direct relationship with the recipient(s) and that you are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted SMS messages). Whenever you send any kind of message to a third party via Work Chat, you represent and warrant to Evernote that you are acting within the law and that you have prior consent from the recipient to send them such a message. Are There Rules about What I Can Do on the Evernote Service? Yes. Your use of the Service must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content – such as text, images, software, videos and anything else you can think of, no matter what the form or technical structure (collectively, “Content”) – created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. This applies whether the Content is kept private, shared or transmitted using the Service or any third party application or services integrated with the Evernote service. Our User Guidelines provide more specific details regarding prohibited conduct on the Service. If we find that any shared Content in your account violates our Terms of Service (including by violating another person’s intellectual property rights), we reserve the right to un-share or take down such content. Will Evernote Employees Look at My Content? Your privacy in your Content is a paramount concern for us, and we hope that Evernote employees never need to examine anyone’s Content. However, there are limited circumstances in which we may have the need to review part or all of your Content, as discussed in our Privacy Policy. Will Anyone Else See My Content? Except as described here and in our Privacy Policy, unless you elect to enable others to view or have access to the Content you submit to the Service, no one else should see your Content without your consent. Of course, if you share your Account Information with another person, or if you elect to use any of the Service’s sharing or collaboration features to share Content (“Collaboration Features”), then the shared Content would no longer be private to you. For example, by publishing or sharing any portion of your Content by placing it into one or more Shared Notebooks, or sending a Note to another, then you would be enabling each of those permitted users of a Shared Notebook or recipient of the Notes or Account Information to access, use, display, perform, distribute and modify your Content (subject to any understandings or agreements you and such users may work out without Evernote’s involvement). In addition, Evernote enables you to use a variety of third party services and applications that interact with the Service and your Content, and you should review the access rights you provide to those services or applications, as you may enable them to access or extract your Content through your agreements with those parties. More information on the nature of these permissions may be found here. I’m Guessing Evernote Has Some Rights Relating to the Service? We do. They’re described here: CONTENT RIGHTS. While you own the Content you store within the Evernote service (subject to third party rights), you acknowledge and agree that Evernote (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on Evernote’s servers and all Evernote software deployed by you or a third party to enable capturing of Content originating outside the Service, such as Evernote Scannable, Evernote Clearly, Evernote Web Clipper, Skitch, Penultimate, the Site Memory widget or any of the Evernote software applications for compatible computing devices that enable access and use of the Service through such device (the “Evernote Software”). INTELLECTUAL PROPERTY RIGHTS. In agreeing to these Terms, you also agree that the rights in the Service and Evernote Software, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Evernote Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition. RIGHT TO MODIFY THE SERVICE. We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Evernote service or Evernote Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use Evernote Basic, you will not enjoy all of the benefits provided to subscribers of Evernote Plus, Evernote Premium or Evernote Business. You also acknowledge that a variety of Evernote actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Evernote has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for Evernote Plus, Evernote Premium, Evernote Business or another paid version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate. RIGHT TO ENGAGE THIRD PARTIES. Evernote engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, or perform certain functions associated with the operation of the Evernote Market, and you hereby agree that such involvement by these Service Providers is acceptable. In addition, Evernote may contract with third party resellers of the Evernote Plus, Premium or Business versions of the Service and/or products in the Evernote Market, and payment processors to enable payments in your local currency and payment systems. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or contents and our Commercial Terms to understand our relationship with any Market Seller (as that term is defined in our Commercial Terms), reseller or payment processor. RIGHT TO USE THIRD-PARTY SOFTWARE. Evernote may from time to time include as part of the Service and Evernote Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We provide information about some of this third party software here and within the particular Evernote Software. Evernote expressly disclaims any warranty or other assurance to you regarding such third party software. RIGHT TO UPDATE OUR SOFTWARE. In connection with any modification of the Service, Evernote may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. Evernote will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), Evernote may require you to install the update to continue accessing the Service. In all cases, you agree to permit Evernote to deliver these updates to you (and you to receive them) as part of your use of the Service. Do These Terms Apply to Evernote Business Users? If you are using the Service as part of an Evernote Business account, your use of the Service is governed by these Terms, except where the Separate Agreement governing the Evernote Business account provides conflicting terms. An Administrator of the Evernote Business account has the responsibility to share the terms of such Separate Agreement with each Evernote Business account user. Please review the contract terms applicable to your use of the Service with the Administrator of your Evernote Business account, if you have access to notebooks in an Evernote Business account. If you are participating as a user of an Evernote Business account, you should know that the Administrator of the Evernote Business account has rights to restrict your access to the Content contained within the Evernote Business account notebooks and also has rights to access, reproduce, distribute and otherwise affect, and impose additional rules regarding, such Content. However, the Administrator is not provided with any access to or knowledge of the Content in your personal Evernote service account. And none of your rights in your personal Evernote service account are affected if you also have access to notebooks in an Evernote Business account. For more information on how your personal Evernote service account works with your Evernote Business account, please review our Privacy Policy and our Help & Learning article entitled “Are a user's personal notebooks or personal information accessible by other Evernote Business users or Admins?” on this subject. How Does Evernote Respond to Copyright or Other Intellectual Property Violations? We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which we believe to comply with the United States Digital Millennium Copyright Act [www.copyright.gov] and other applicable laws). If you believe that your intellectual property rights have been violated, please notify our Compliance team according to the instructions provided by our IP Rights Compliance Program and we will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and Evernote does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf. Can Kids Use Evernote? Of course, but Evernote is not directed to children, and we expect that use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy. If you are a school, district or teacher and want your students who are under the age of 13 to create Evernote service accounts, including in conjunction with the establishment of an Evernote Business account for the school or a group of students at the school, you agree that you are responsible for complying with the U.S. Children's Online Privacy Protection Act (“COPPA”) and, to the extent applicable, The Family Educational Rights and Privacy Act (“FERPA”). This means you must notify – via direct notice as required by COPPA – those students’ parents/guardians of the personally identifiable information Evernote will collect and obtain parental/guardian consent before your students establish accounts or use the Service. When obtaining such consent, you must provide parents/guardians with a copy of our Privacy Policy. You must keep all consents on file and provide them to us if we request them. For more information on complying with COPPA, see the Federal Trade Commission’s website at http://www.ftc.gov/privacy/coppafaqs.shtm. If you are located outside of the United States, we will rely upon you to obtain any required consent or approval from the parent or guardian of any student covered by similar laws and, as a condition to your and your students’ use of the Service, you agree that you will be responsible for complying with such laws. Where Does My Data Go? The Service is available worldwide, but your data is stored in the United States, as described in our Privacy Policy. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and Content), through computer networks owned by Evernote, its Service Providers, and other third parties located in California and other locations in the United States and other countries. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions. How is My Account Closed? You may deactivate your account with our Service at any time, for any reason (or no reason), and you don’t even have to give us notice. However, if you want to deactivate your account you need to take certain specific steps, which are described in our Help & Learning article entitled “How do I deactivate my account?”. Evernote may take action to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for Evernote suspending or closing your account may include, without limitation: (i) breach or violation of these Terms (including the User Guidelines) or any Separate Agreement, (ii) an extended period of inactivity (determined in Evernote’s sole discretion), (iii) your nonpayment of any fees or other sums due Evernote or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive Unsupported Use. In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account. What Happens to My Account when I Die? Evernote’s pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Content or Account Information after you are no longer able to provide them access, you need to implement a process for providing your Account Information to them. We will not provide your Account Information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Account Information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so. Please see our Commercial Terms for information on terminating payment for Paid Services upon death or incapacity. If I Have a Great Idea to Share with Evernote, What Are My Rights? When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Evernote through the “Contact Us,” User Forum or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Evernote is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Evernote shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Evernote may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Evernote without any obligation of Evernote to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Evernote under any circumstances. Does Evernote Serve Ads? Our business model is to make the Service so valuable that our users will want to subscribe for a Paid Service. However, we may display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties. For more information, please see our Privacy Policy and Cookie Information page. Inasmuch as some advertising or other messaging content we provide will be based upon information provided by third parties, we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers. What Else Do I Need to Know? THIRD-PARTY LINKS, CONTENT AND PROGRAMMING. We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications. INDEMNITY. You agree to indemnify and hold Evernote, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder. LIMITATION OF LIABILITY. To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERNOTE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) EVERNOTE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERNOTE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERNOTE, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS 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, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF EVERNOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR EVERNOTE POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE OR RELATED TO THE EVERNOTE MARKET; (v) EVERNOTE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE OR OFFERING PRODUCTS THROUGH THE EVERNOTE MARKET; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE. EXCLUSIONS AND LIMITATIONS. NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. If Evernote Has to Send Me Notice of Something, How Will That Happen? This is another reason why it’s important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by email (to the email address associated with your account), regular mail or postings on the website(s) related to the affected Service. How Can I Send a Notice to Evernote? Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to Evernote must be delivered by email to compliance AT evernote DOT com. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider): Evernote Corporation 305 Walnut Street Redwood City, California 94063 USA Attention: Legal Notice Evernote GmbH Walchestrasse 9 8006 Zurich, Switzerland Attention: Legal Notice Evernote Do Brasil Serviços De Aplicações Ltda Federal Taxpayer Registration CNPJ/MF no 17.566.240/0001-50 Avenida Paulista, no 2.300 Andar Pilotis Edifício São Luiz Gonzaga CEP: 01310-300, São Paulo/SP Attention: Legal Notice Are There Countries Where I’m Not Allowed to Use Evernote? You may not use or otherwise export the Service or any Evernote Software except as authorized by United States (“U.S.”) law and the laws of the jurisdiction in which the Service is hosted or where you use the Service. In particular, but without limitation, the Evernote Software may not be (i) exported or re-exported into any countries that are subject to U.S. economic sanctions or (ii) provided to or used by anyone on the U.S. Department of the Treasury's lists of Foreign Sanctions Evaders or Specially Designated Nationals or the U.S. Department of Commerce Denied Persons, Unverified, or Entity lists. By using the Service, you represent and warrant that you are not located in any such country or on any such list, and shall not use the Service, or provide access to or use of the Service to anyone, in any such country. In addition, you are responsible for compliance with applicable export control, economic sanctions and related laws when you travel across international borders and access your Content. What Law Applies to My Use of Evernote? If you are a resident of the United States or Canada, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of the State of California, United States of America, as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to its conflict of law provisions. If you reside in Brasil, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of Brasil and shall be considered to have been made and accepted in Brasil, without regard to conflict of law provisions. If you reside outside of the United States, Canada, and Brasil, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of Switzerland and shall be considered to have been made and accepted in Switzerland, without regard to conflict of law provisions. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. What Do I Do If I Think I Have a Claim Against Evernote? LET US KNOW ABOUT YOUR COMPLAINT. We want to know if you have a problem so we encourage you to contact our Customer Support team if you have any concerns with respect to the operation of the Service or any Evernote Software, as we want to ensure that you have an excellent experience. INITIATING A FORMAL CLAIM. If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these Terms. Evernote provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against Evernote in any other manner, you shall be in violation of these Terms and you agree that Evernote shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse Evernote for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against Evernote, you will send us a notice to our attorneys at legal notice AT Evernote DOT com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms. Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by a state or federal court located in San Mateo County, California. You agree to submit to the exclusive personal jurisdiction of the courts located within San Mateo County, California (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you reside in Brasil, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by the courts in São Paolo-SP, Brasil. You agree to submit to the exclusive personal jurisdiction of the courts located within São Paolo-SP, Brasil (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are not a resident of the United States, Canada, or Brasil, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by the courts in Zurich, Switzerland. You agree to submit to the exclusive personal jurisdiction of the courts located within Zurich, Switzerland (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. ALTERNATIVE DISPUTE RESOLUTION PROCESS. Unless you are subject to the Arbitration Agreement set out below, and subject to any applicable laws, if a claim arises between you and Evernote where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and Evernote agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement. If you are a resident of the European Union (EU), please note that we offer this Alternative Dispute Resolution Process, but we cannot offer you the European Commission Dispute Platform as we do not have an establishment in the EU. ARBITRATION AGREEMENT. If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and Evernote agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. (Note that if you were a Service user prior to December 4, 2012 and formally elected to opt out of the Arbitration Agreement pursuant to the procedures set out in our Terms of Service that were effective as of December 4, 2012, you are not subject to this Arbitration Agreement.) Our arbitration proceedings would be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Evernote users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act. The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is US$10,000 or less, Evernote will pay all filling, administration and arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Evernote will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Evernote for all fees associated with the arbitration paid by Evernote on your behalf, which you otherwise would be obligated to pay under the AAA's rules. YOU AND EVERNOTE AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER EVERNOTE USERS. Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms and this Section (What Do I Do if I think I Have A Claim Against Evernote?) will continue to apply. CLAIMS ARE TIME-BARRED. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. The provisions of this section, entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us. SPECIAL NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us via email at legal notice AT Evernote DOT com or at: Evernote Corporation 305 Walnut Street Redwood City, California 94063 USA Attention: Legal Notice Anything Else? A couple of final, but important, points. First, these Terms constitute the entire agreement between you and Evernote and govern your use of the Service, except for, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and Evernote for the use of the Service as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party. Second, you acknowledge and agree that each affiliate of Evernote shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms. Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect. Evernote Privacy Policy Effective Date: July 3, 2017 – What’s New >> Return to Privacy Center Introduction As we state in our 3 Laws of Data Protection, we are committed to protecting the privacy of your data. This Privacy Policy explains more specifically what information Evernote Corporation and its Group Companies (together, “Evernote,” “we” or “us”) collect and receive from Account Holders and End Users (“you”) through Evernote’s websites and applications, which we refer to collectively as “the Service.” The Service includes the Evernote Software. Please note, if you use Evernote Basic, Plus, or Premium, you are both the Account Holder and End User of an Evernote service account. If you use Evernote Business, the Account Holder is the Customer who has contracted with Evernote as defined in our Evernote Business Agreement and the End Users are the individuals whose user accounts are linked to that Evernote Business account. You can find these and other defined terms used in this policy in our Glossary at the end of this page. Although significant changes are rare, this policy may be amended as new features, technology, or legal requirements arise, so please check back from time to time. We’ll notify you if we make a significant change and, where required, seek your consent. What information does Evernote collect and receive? We built Evernote to help you remember and organize your ideas, thoughts, and memories. That means you can input, upload, or store in Evernote any text, images, and other data that you choose (collectively, “Content”). We also collect and receive the following types of information: Basic subscriber information. To open your account and process payments, we collect and receive basic information like your email address and, depending on how you purchase a subscription to Evernote Plus, Evernote Premium or Evernote Business (each a “Paid Service”), your billing address and other payment information. Log data. When you use Evernote, we collect data to understand how you and others access and use the Service, as well as information about actions you take when using the Service (such as the act of creating a note or sharing a note). This includes the use of cookies, tracking pixels, and similar analytics technologies, as described more fully in our Cookie Information page. This information helps us provide the Service to you, learn how the Service is used, and identify and suggest ways we can make the Service more useful to you. Location information. We collect the IP address you use to connect to the Service, and — if you choose to share it — your location information from a mobile device. This helps us localize the Service for you and, depending on your location settings, allows us to show you relevant content accessible from your account. Device information. We collect information about the number and type of devices you use to connect to the Service, as well as information about the operating systems on those devices (e.g., iOS, Android, Windows) to ensure the Service works as expected for you. Learn more about information our applications collect from your device on our Data Usage page. We also may link your subscriber information with data we receive from our partners and other third parties to help understand your needs and provide you with a better experience. For example, if you create or log into an Evernote account using your Google Apps credentials via single sign-on, we will have access to certain information such as your name and email address as authorized in your Google Apps profile settings.Learn MoreShow Less How does Evernote use my information? We have specific rules for how and when we use the information we collect and receive. We describe these below. What does Evernote do with my information? We are committed to protecting the privacy of your information. Below, we describe the ways in which we use the information we collect and receive to provide, maintain, and improve the Service; to provide troubleshooting and customer support; to protect the Service for all our users; to contact you; and to administer Evernote Business accounts. We use a number of technologies to help you get the most out of the Service. Our systems automatically analyze your data to power Evernote features and to continually improve the Service for you in a way that does not require anyone to look at your Content. This may include, for example: Making sure you find what you’re looking for when you search your account. Showing you information most relevant to how you are or could be using the Service at a specific time or location. Suggesting actions for you to take based on information you’ve stored. Suggesting Evernote service features or products to you that we think will help you get the most out of our Service. For Evernote Business users, recommending people for you to collaborate with. To provide troubleshooting and customer support, our Customer Support team may need to access your information, such as your account email address and information about the Evernote application you are using, subject to the protections described above. As part of our efforts to protect your account and the functionality of the Service, our systems may analyze the emails you send to and from your Evernote account and the notes you share to detect spam, malware, or other potential security concerns. If we determine that such material constitutes a Terms of Service or User Guidelines violation, we may block delivery of or unshare the problematic material, much like a spam filter works for your email inbox. Learn more about steps you can take to protect your account, such as using strong passwords, two-step verification, and encryption. We use a number of technologies to help you get the most out of the Service. Our systems automatically analyze your data to power Evernote features and to continually improve the Service for you in a way that does not require anyone to look at your Content. This may include, for example: Making sure you find what you’re looking for when you search your account. Showing you information most relevant to how you are or could be using the Service at a specific time or location. Suggesting actions for you to take based on information you’ve stored. Suggesting Evernote service features or products to you that we think will help you get the most out of our Service. For Evernote Business users, recommending people for you to collaborate with. To provide troubleshooting and customer support, our Customer Support team may need to access your information, such as your account email address and information about the Evernote application you are using, subject to the protections described above. As part of our efforts to protect your account and the functionality of the Service, our systems may analyze the emails you send to and from your Evernote account and the notes you share to detect spam, malware, or other potential security concerns. If we determine that such material constitutes a Terms of Service or User Guidelines violation, we may block delivery of or unshare the problematic material, much like a spam filter works for your email inbox.Learn more about steps you can take to protect your account, such as using strong passwords, two-step verification, and encryption. In accordance with your communication preferences, we’ll occasionally contact you to announce new products and features we build for you, share tips for using Evernote to get more done, make special offers, and provide information about how Evernote works with products and services from our business partners. Learn MoreShow Less If you are an End User of an Evernote Business account, please note that the Account Holder of your Evernote Business account (such as your employer or organization) may have established its own rules regarding End Users’ access, use, disclosure, or retention of data stored in that account. Also note that while an Administrator of an Evernote Business account has access to the End User accounts linked to that Evernote Business account, an Administrator cannot access an End User’s personal Evernote account. You can find more information on how your personal Evernote service account works with your Evernote Business account here. Would someone at Evernote ever view my Content? You have control over who sees your Content. We limit the use of your Content to make sure that no one at Evernote can view it unless you expressly give us permission or it’s necessary to comply with our legal obligations. Specifically: To help refine or improve the technology, we may ask you for permission to review portions of your Content. For example, if a new feature suggests related notes that are relevant to your Content, we may give you an opportunity to provide us feedback on how well the feature is performing along with a sample of the Content in question, so we can make sure this feature provides appropriately tailored suggestions. Such access to your Content is done only with your express permission and is subject to strict confidentiality rules and data access controls. Choosing to give us such permission is completely voluntary. To help refine or improve the technology, we may ask you for permission to review portions of your Content. For example, if a new feature suggests related notes that are relevant to your Content, we may give you an opportunity to provide us feedback on how well the feature is performing along with a sample of the Content in question, so we can make sure this feature provides appropriately tailored suggestions. Such access to your Content is done only with your express permission and is subject to strict confidentiality rules and data access controls. Choosing to give us such permission is completely voluntary. If you contact our Customer Support team for help with specific pieces of Content in your account (for example, if you can’t find a note you believe should be in your account), we may ask for your temporary permission to look at your Content. This permission terminates when the issue is resolved. Learn MoreShow Less If we become aware of a potential violation of our a Terms of Service or User Guidelines, we may suspend or close your account until the problematic material is removed. Under such a circumstance, we would only look at the Content in your account if you give us consent or if necessary to comply with our legal obligations, including to protect the safety of you or any other person. To test and improve our product offerings for our users, we use aggregated data that does not contain any personal information, does not identify any person, and cannot be connected to any specific user. This policy is not intended to apply to such anonymized/de-identified data. How does Evernote share or disclose my information? Evernote is not in the business of selling or renting your information. Here are instances when we may disclose your information — and then only the minimum information necessary: We share your information with Service Providers who process data on our behalf, such as credit card processors and customer management systems. For example, these Service Providers help us: Operate, develop, and improve the features and functionality of the Service Complete your payment transactions Fulfill your sales and support requests Communicate with you as described elsewhere in this policy We require these providers to agree to strict data protection requirements in keeping with our privacy policy standards and our commitments under our EU-US Privacy Shield and Swiss-US Privacy Shield certifications as discussed below.Learn MoreShow Less We do not share your information with any third parties for their own advertising purposes. Your Content is private unless you decide you want to share it. You may choose to share using public links or through any of the Service’s features that allow you to share or collaborate on Content (“Collaboration Features”). If you choose to share, we may need to take steps to facilitate your collaboration. Learn MoreShow Less In the event of a merger, sale, or reorganization of all or part of our business, information covered by this policy may be transferred in connection with that deal. As described on our Cookie Information page, we contract with third-party advertising networks in order to deliver relevant Evernote advertisements to you across the Internet and to manage our communications with you. We do not use your Content for these purposes. In addition, we may share with partners or Service Providers a hashed identifier to serve you relevant Evernote ads when you visit partners’ and providers’ websites, applications or platforms. We may, for instance, participate in the Twitter Tailored Audience and Facebook Custom Audience services. To learn more about the privacy controls that Twitter and Facebook offer and honor for those respective services, please visit here for Twitter and here for Facebook. You may opt out of certain ad targeting and retargeting services by visiting the Digital Advertising Alliance’s opt-out page, or the Network Advertising Initiative’s opt-out page. In the event of a merger, sale, or reorganization of all or part of our business, information covered by this policy may be transferred in connection with that deal. As described on our Cookie Information page, we contract with third-party advertising networks in order to deliver relevant Evernote advertisements to you across the Internet and to manage our communications with you. We do not use your Content for these purposes. In addition, we may share with partners or Service Providers a hashed identifier to serve you relevant Evernote ads when you visit partners’ and providers’ websites, applications or platforms. We may, for instance, participate in the Twitter Tailored Audience and Facebook Custom Audience services. To learn more about the privacy controls that Twitter and Facebook offer and honor for those respective services, please visit here for Twitter and here for Facebook. You may opt out of certain ad targeting and retargeting services by visiting the Digital Advertising Alliance’s opt-out page, or the Network Advertising Initiative’s opt-out page. We also may share information about you with third parties whenever you consent to or direct such sharing. This includes, for example, if you connect your Evernote account with a third-party app in our App Center. Learn MoreShow Less How does Evernote respond to legal requests for my information? We vigilantly protect the privacy of your account. We will not disclose your information to law enforcement or other governmental authorities unless we believe it is required to comply with warrants, court orders, subpoenas, or other lawful government requests. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards of due process. We narrowly interpret all information requests, and we only disclose Content in your account that is specifically responsive to a government warrant or where you have provided your explicit consent. In accordance with our user notice policy, we will notify you if we believe we are compelled to comply with a third party’s legal demand for your information, and we routinely push back on government orders to delay user notice that we view as overly broad. You can find more information in our current Transparency Report. In addition, in rare cases, we may share your information as necessary to investigate or take action regarding illegal activities, suspected fraud, or potential threats against persons, property or the systems on which we operate the Service, or as otherwise necessary to comply with our legal obligations. How can I manage my information stored in Evernote? Consistent with our first law of data protection—your data is yours—in most cases, you can manage your information simply by logging into your account and editing your information directly within the Evernote service. However, if you prefer, you can contact us at compliance@evernote.com to ask us to provide access to, correct, update, or delete your personal information. Please note that we may ask you for proof of account ownership and/or identity before fulfilling your request. We will comply with such requests to the extent required by applicable law or the US-Swiss Privacy Shield and US-EU Privacy Shield. What happens if I want to stop using Evernote? You can delete your Content at any time, and you can stop using the Evernote service at any time. And as we promise in our third law of data protection, your data is portable. You can export your notes at any time, as explained here. If you delete your Content and then sync, it will no longer be accessible to you or others who may access the Service. The Evernote service’s back-up systems may retain residual copies of your deleted Content for up to one year due to the nature of those systems’ operations. Evernote provides you with features that allow you to communicate and collaborate with other users. Please note that deleting your copy of these communications (such as messages) won't delete copies existing in the accounts of people you were interacting with. What happens if Evernote closes my account? If Evernote deactivates your account due to a TOS violation, then you may contact us to request deletion of your Content, and we will evaluate such requests on a case by case basis, pursuant to our legal obligations. Where does Evernote store my information? When you use Evernote Software on your computing device, such as by using one of our downloadable applications, some of your data will be stored locally on that device. When you sync your computing device with the Service, that data will be replicated on servers maintained in the United States. This means that if you store information in or submit data to the Evernote website or Evernote Software and sync such Evernote Software with the Evernote service, you acknowledge your personal information will be transmitted to, hosted, and accessed in the United States. Data privacy laws or regulations in your home country may differ from those in the United States. We will collect, store, and use your personal information in accordance with this Privacy Policy and applicable laws, wherever it is processed. Which Evernote company is my data controller? If you live in Brazil, your data controller is Evernote do Brasil Serviços de Aplicaçōes Ltda. (“Evernote Brasil”). If you live in the United States and Canada, your data controller is Evernote Corporation (headquartered in California). If you live anywhere else, your data controller is Switzerland-based Evernote GmbH. How does Evernote comply with data transfer rules? If you are a resident of the European Economic Area (“EEA”) or Switzerland, please note that we use standard contractual clauses approved by the European Commission to transfer your personal Information from the EEA or Switzerland to the United States and other countries. In addition, Evernote Corporation has certified its compliance with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from EU member countries and Switzerland.Learn MoreShow Less How can I contact Evernote? Evernote welcomes your feedback regarding this Privacy Policy. If you have questions, comments or concerns about this Policy, please contact us by email at privacy@evernote.com or postal mail at: EVERNOTE CORPORATION 305 Walnut Street Redwood City, California 94063 USA Attention: Privacy Team EVERNOTE GMBH Walchestrasse 9 8006 Zurich, Switzerland Attention: Privacy Team EVERNOTE DO BRASIL SERVIÇOS DE APLICAÇÕES LTDA. Avenida Paulista, 2300 Andar Pilotis Edifício São Luís Gonzaga CEP: 01310-300 São Paulo, SP Brasil ATN: Equipe de Privacidade GLOSSARY Account Holder means the person or entity who has contracted with Evernote as either an individual Basic, Plus, or Premium user or as a Customer as defined in our Evernote Business Agreement. Collaboration Features means any of the Service’s features that allow you to share or collaborate on Content. Content means the text, images, and other data you choose to input, upload, and store in Evernote. End User means the individual who uses an account on the Evernote service. Evernote (or sometimes “we” or “us”) means Evernote Corporation and its affiliated companies that also act as data controllers: Evernote GmbH and Evernote Do Brasil Servicos de Aplicaçōes Ltda. Evernote Service means the Evernote Software (as defined below) and other products, services and websites hosted or made available by Evernote, including our downloadable applications, App Center, User Forum, and Help & Learning pages. Evernote Software means the software hosted on Evernote’s servers and the software we make available to be deployed by you or a third party to enable capturing of Content originating outside the Service, such as Evernote Scannable or Evernote Web Clipper or any of the Evernote software applications for compatible computing devices that enable access and use of the Service through such device Group Companies means Evernote Corporation and its wholly owned subsidiaries, which include Evernote GmbH and Evernote do Brasil Serviços de Aplicaçōes Ltda. Paid Service means Evernote Plus, Evernote Premium, Evernote Business, and any other Evernote offering for which we collect payment (in the form of currency, Evernote points, coupon codes). BRISBANE POWERHOUSE GROUP PRIVACY POLICY The Privacy Act 1988 provides rules of conduct for the collection, retention, access to, correction, use and disclosure of personal information about individuals. Brisbane Powerhouse Pty Ltd ABN 18 091 551 290 (“ Brisbane Powerhouse ”) takes all reasonable and appropriate step s to protect the privacy of individuals and to comply with the 13 Australian Privacy Principles contained in the Privacy Act 1988 . This Privacy Policy is about the management of personal information by Brisbane Powerhouse. 1. WHAT KINDS OF PERSON AL INFORMATION DOES BRI SBANE POWERHOUSE COL LECT? The kinds of personal information that Brisbane Powerhouse collects and holds are: • Name • Partner’s name (in the case of wedding functions) • Emergency Contacts • Address • Phone number • Email address • Date of Birth • Gender • Income (in the case of audience research) • Credit card details • Amount donated 2. HOW BRISBANE POWERHOUSE COLLECT S AND STORE S PERSONAL INFORMATI ON 2.1 Collection of personal information Brisbane Powerhouse collects information in a number of ways: • Via booking forms, contracts and blue card and visa application forms; • Throug h the organisation’s Powermail subscribe page; • Via the organisation’s marketing and ticketing database; • Via donation forms; and • Directly from individuals over the telephone, via e mail, via facsimile, online and in person. 2.2 Storage of personal information P ersonal information collected by Brisbane Powerhouse is stored on the organisation’s secure server and in physically secure locations within the organisation. Access to perso nal information is restricted to the Brisbane Powerhouse employees that are directly responsible for the organisation ’ s primary functions and activities as related to that information. 3. THE PURPOSES FOR WHICH YOUR PERSONAL INFORM ATION IS COLLECTED, HELD AND USED BY BRISBANE POWERHOUSE 3. 1 Use of personal information Brisbane Powerhouse uses personal information for its operational and marketing purposes. For example, personal information is used to : • Contact an individual : o if an event or performance cha nges, is cancelled or is postponed; o if Brisbane Powerhouse has difficulties processing the individual’s transaction or issuing their tickets to a performance or event ; o to respond to enquiries made by the individual ; o to obtain or clarify information prov ided by the individual about an event or function to be held at the Brisbane Powerhouse; o to correspond with the individual in relation to any of our competitions they have entered into ; or o to seek feedback regarding Brisbane Powerhouse’s services and/or a ny event or performance attended by the individual at Brisbane Powerhouse; • To make a reservation or booking; • Identify an individual when they are visiting Brisbane Powerhouse; • Provid e an individual with marketing material and information about Brisbane Powerhouse products and services, competitions and up and coming events that may interest them ; • Administer ticketing services, including processing an individual’s transaction, issuing tickets and con firming booking details (this may involve posting tickets and receipts to the individual’s postal address or emailing e - tickets, booking confirmations and receipts to the individual’s email account); • Provid e an individual with a refund or exchange in certa in circumstances ; • Process donations an individual has made to Brisbane Powerhouse; • Research and develop Brisbane Powerhouse’s services; and • Protect the health and safety of individuals while they are visiting Brisbane Powerhouse. 3.2 Direct marketing Brisbane Powerhouse uses personal information collected from individuals for the purposes of direct marketing. For example, personal information may be used to notify individuals of Brisbane Powerhouse ’s products and services, competitions and up coming ev ents that they may be interested in . Marketing material may be provided to individuals over the telephone, via email or via post. If you no longer wish to receive marketing material from Brisbane Powerhouse you may opt - out via the unsubscribe button on our marketing material . 3. 2 When is personal information disclosed to third parties ? The Brisbane Powerhouse ticketing system is administered by Tickets.com. Brisbane Powerhouse provides Tickets.com with access to Brisbane Powerhouse ’s ticketing information to run reports that facilitate Ticket.com’s billing processes. Tickets.com cannot access your personal information without permi ssion from Brisbane Powerhouse. Brisbane Powerhosue provides personal information to promoter’s with the individual’s approval (a tick box). 4. HOW TO ACCESS AND CORRECT YOUR PERSONAL INFORMATION S ubject to some exceptions under Australian law , y ou have the right to access the pe rsonal information Brisbane Powerhouse holds about you and to have your personal information corrected. You can obtain access to your personal information or request a correction by contacting the Chief Executive Officer (see Contact Details below). Chief Executive Officer Brisbane Powerhouse PO Box 364 New Farm Q 4005 - or - info@brisbanepowerhouse.org Please insert ‘privacy’ in the subject line Brisbane Powerhouse reserves the right to charge you a reasonable fee for the provision of personal information. 5. HOW TO MAKE A COMP L AINT You have the right to make a complaint about the management of the Australian Privacy Pri nciples by Bris bane Powerhouse and are entitle d to report any breach of the Australian Privacy Principles by Brisbane Powerhouse . Complaints should be made in writing and sent to Brisbane Powerhouse’s Chief Executive Officer (see Contact Details below) . Chief Executive Officer Brisbane Powerhouse PO Box 364 New Farm Q 4005 - or - info@brisbanepowerhouse.org Please insert ‘privacy’ in the subject line Brisbane Powerhouse will respond to your complaint within 30 days. If you have not heard from Brisbane Powerhouse within 30 days , or if you are unhappy with Brisbane Powerhouse’ s response to your complaint , you can forward your complaint to the Office of the Australian Information Commissioner at: Information Commissioner Office of the Australian Information Commissioner GPO Box 5218 Sydney NSW 2001 Telephone: 02 9284 9800 Email: enquiries@oaic.gov.au Web: www.oaic.gov.au 6. CONTACT DETAILS If you have any questions or concerns regarding privacy and your personal information, we can be contacted on +61 7 3358 8622 between 9am and 5pm Monday to Friday or on info@brisbanepowerhouse.org. All written requests and complaints should be addressed to the Chief Executive Officer at : Chief Executive Officer Brisbane Powerhouse PO Box 364 New Farm Q 4005 Approved Finance and Audit Committee - May 2016 Mail.Ru User Agreement Welcome to Mail.Ru! 1. Subject of the User Agreement 1.1 Subject of this User Agreement (hereinafter referred to as the “User Agreement”) shall be relations between Mail.Ru, LLC (OGRN (Primary State Registration Number) 1027739850962, 39 Leningradskiy prospekt, bldg. 79, Moscow, Russia, 125167), hereinafter referred to as “Mail.Ru”, being the titleholder of an Internet service at https://mail.ru/ (hereinafter referred to as the Internet Service as well as “Service”), and you (an individual using the Internet), hereinafter referred to as the “User” as regards using the Internet Service and other serviced posted thereon (hereinafter referred to as the “Mail.Ru Services”). Using Mail.Ru Services the User agrees to observe the terms and conditions stipulated herein. Using of certain Mail.Ru Services may be governed by certain regulations applicable thereto (“Service Usage Agreement”) also being a part hereof. The User Agreement may be amended by Mail.Ru without any special notice 1.2 The User Agreement shall govern the procedure for using Mail.Ru Services. Provisions hereof shall be binding on all the Users both registered on the Internet Service and started using any of Mail.Ru Services. The User may familiarize itself with the current version hereof having followed this link: https://help.mail.ru/mail-help/UA. Each time accessing the Internet Service (using the Internet Service) the User shall agree with the terms and conditions hereof and agreements for certain Mail.Ru Services as well as with the terms and conditions of other norms and regulations governing the procedure for using the Internet Service and certain Mail.Ru Services as in force on the date of actual usage. 2. General terms and conditions 2.1 Mail.Ru shall provide access to a complex of the Internet Services including different communication Services, goods and services Services, entertainment Services, information content-projects available on personal computer and various mobile devices both currently existing and the ones which will be developed in the future (Mail.Ru Services). 2.2 The User shall understand and agree that Mail.Ru Services may contain advertisements and that availability of those advertisements is essential prerequisite of using Mail.Ru Services. The User shall also understand and agree that Mail.Ru Services may contain Mail.Ru messages such as service messages, automatic reports and newsletters of Mail.Ru. 2.3 All Mail.Ru Services including webmail service shall be provided “as is”. Mail.Ru shall not assume any liability for the delay, deletion, non-delivery or impossibility of the User’s data upload as well as shall not be liable for fitness for the User’s purposes. All the issues related to granting of the right of access to the Internet, purchase and adjustment of the correspondent equipment and software solutions shall be independently resolved by the User and shall not be covered hereby. 2.4 Free e-mail service Mail.Ru (hereinafter referred to as the “Mail”) shall mean the service ensuring creation and exchange of e-mail messages using web interface located at: https://mail.ru/ and specialized hardware and software serving for transmission, accumulation and processing of the Users’ electronic correspondence with provision of the Users with unique e-mail address of the following types: anysymbols@mail.ru, anysymbols@inbox.ru, anysymbols@bk.ru, anysymbols@list.ru, as well as Mail boxes (capable of storing the Users’ e-mails received and sent from certain e-mail addresses). 2.5 The User shall agree that Mail.Ru may collect anonymized statistical data as regards the Users of Mail.Ru Services. 2.6 Registering its phone number in the settings of Mail.Ru Services and sending sms from its phone number in order to obtain charged services the user shall agree to get information sms from Mail.Ru and the third persons through the request of Mail.Ru. 2.6.1 To the extent of certain Mail.Ru Services the user may be provided with the functionality to independently send sms to the third persons. Sending sms to the third persons through Mail.Ru Services the User shall agree that the sent sms may be determined as sent from its phone number and in its name. Thereat, the user shall be personally liable for all the potential claims related to sending sms to such persons. 2.7 Mail.Ru shall be entitled to establish additional requirements and restrictions as regards registration on the web-site or using the Services. 2.8. For the purposes of using the Internet Service as a computer software provided to the User (licensee) by Mail.Ru under conditions of simple royalty-free (non-exclusive) license to use free functional (program) capabilities of the Internet Service. Using of extra charged functional (program) capabilities of the Internet Service shall be provided by Mail.Ru to the User (licensee) under conditions of simple (non-exclusive) license for the period stipulated in the correspondent extra charged functional (program) capabilities of the Internet Service through obtaining access to extra charged functional (program) capabilities of the Internet Service and actual using thereof within the territory covered by the Internet Service. 3. Entering of the User Agreement into force 3.1 This User Agreement as well as amendments and supplements hereto shall enter into force since published at https://help.mail.ru/mail-help/UA. The User’s agreement with the terms and conditions hereof shall be expressed by clicking the button “Register a mailbox” placed under the registration form for e-mail boxes, registration in any of Mail.Ru Services, or by actual using Mail.Ru Services. 3.2 The User shall be entitled to refuse to accept the amendments hereto which means the User’s refusal to use the Mail.Ru Services. 4. The User’s obligations as regards registration in the Internet Service 4.1 In order to use the Mail or Mail.Ru Services as well as to obtain the rights to use extra functional (program) capabilities of the Internet Service the User shall undergo the registration procedure as follows: 4.1.1 To fill in the form of registration in the Mail or Mail.Ru Services. During the progress of filling in the registration form the User shall independently use its Login and password required for further access to the e-mail box as well as the information data including secret question and answer enabling the User to independently re-activate access to its e-mail box. The User shall confirm its awareness of that e-mail box security directly depends on complexity (number and variability of characters) of its Password and information data (secret question and answer). 4.1.2 Thereat, Mail.Ru by no means shall check the information provided by the User hereinafter referred to as the logon information (unless otherwise stipulated in the terms and conditions of provision of a certain Service), shall be liable to any third persons for accuracy and authenticity of the logon data and shall estimate the User’s logon data as its personal data. Publishing its logon data and other information and joining to the User Agreement the User shall provide Mail.Ru with its consent to processing of the logon and other data, public visibility of its profile and the correspondent Services taking into consideration the available functionalities (subject to periodic change at the discretion of Mail.Ru) as well as to the fact that the logon and other data specified in its profile shall be accessible to all the Internet users through such functionality. The User shall agree to transfer its logon and other data to the third persons inter alia for processing thereof, for ensuring operation of the web-site, Services, for implementation of partner and other programs on the web-site if Mail.Ru ensures the mode similar to the one available on the web-site as regards the User’s data. The User’s data shall be processed in order to provide the latter an opportunity to use the Services and the rights to use extra functional (program) capabilities of the Internet Service, to carry out advertising campaigns, to provide targeted advertisements and Services, to conduct statistical investigations and to analyze the statistic data obtained, to perform other actions described herein. Processing of the User’s data shall be carried out since the date of the User’s registration till the date of cancellation of its account. The User shall agree that when processing the logon data Mail.Ru shall be entitled to perform the following acts as with respect thereto: to collect, to classify, to accumulate, to store, to use, to destroy and to perform other actions required to execute the User Agreement. Upon registration of its account the User shall be entitled to fill it with content inter alia to add photos, join to communities and exercise other rights granted by Mail.Ru. Thereat, the User shall not post on Mail.Ru any photos, e-mails and other personal information of other Persons or the third persons without their consent thereto. 4.1.3 In addition to the registration procedure on the Internet Service specified in clause 4.1. the user may be granted the right to register through using its data (login and password) of the e-mail box registered at the third person’s resource. Irrespective of using any method of registration on the Internet Service the User’s password used to visit the Internet Service shall be beyond the reach of Mail.Ru. Any of the above methods of registration shall enable the User through the Mail Client to crate several accounts which refer to the correspondent e-mail box. terms and conditions of the Mail Client shall be stipulated in the License Agreement for the Mail Client being an integral part hereof and published on the correspondent page of the web-site. Using interface of the Internet Service to register using login and password of the external mail resource as well as creating the correspondent account in the Mail Client the User shall accept the terms and conditions hereof and the License Agreement for the Mail Client. 4.2 The User shall be personally liable for safety and security of its password and the information data (secret question and answer). 4.2.1 Mail.Ru shall not be liable and shall not guarantee security of the User’s e-mail box in case of: wilful or negligent transfer of the password and the information data (secret question and answer) to the third persons; the third persons’ access to the User’s e-mail box using the software enabling to match and/or decode the password; the third persons’ access to the User’s e-mail box using simple matching of the password and the information data (secret question and answer); the User’s failure to comply with the recommendations stipulated herein and in the interface of the Service. 4.3 Mail.Ru shall be entitled to provide the User with an opportunity to transfer the logon data to the third persons using special technology (Open ID etc.) with consent of the User thereto. Thereat, Mail.Ru shall not guarantee completeness and accuracy of the logon data transfer and shall not be liable for security of such data during the process of transfer. 4.4 The User shall: immediately notify Mail.Ru of any unauthorized use of its password or account as well as of any other security violations; log out from its account (conclude each session clicking “Exit” button) upon completion of work with your Mail and personal part of Mail.Ru Services. Mail.Ru shall not be liable for possible loss or damage to the data which may occur due to the User’s failure to comply with the recommendations stipulated in section 4 hereof. 4.5 The User’s password from the mail or any of Mail.Ru Services may be only recreated if there is provided correct and complete information specified when registering the account. If the user paid no regard for provision with correct and complete registration information the Support Service of Mail.Ru will not be able to recreate the password. In case of loss of password from the e-mail box created on the third person’s resource used by the user together with login to access the Internet Service such a password may be only recreated by the methods stipulated by the third person’s resource. In case of deletion of the User’s e-mail box created on the third person’s resource or changing of the password used to access the Internet Service, the Internet Service shall be accessed using the password which was used by the user during the last session. Mail.Ru recommends to protect your password and to correctly, clearly and completely fill in the Mail and Mail.Ru Services registration forms. 5. Rules of the registered User’s conduct 5.1 The User shall be fully liable for both content of its messages and for the information, data, text, programs, music, sounds, graphics, video, messages and other materials (hereinafter referred to as the “Materials”), published and/or transmitted through Mail.Ru Services. It means that the User but not Mail.Ru shall be fully liable for all the Materials uploaded, sent, received, transmitted or otherwise made public by the User through Mail.Ru Services. Mail.Ru shall not control the Materials transmitted through the mail and other Mail.Ru Services and accordingly shall not guarantee accuracy, completeness or quality of such Materials. The User shall understand that using some of Mail.Ru Services it may see the Materials seem to be offensive, fraudulent or doubtful, thereat, the User shall understand that liability for such Materials shall be born by the User posted it but not by Mail.Ru. 5.1.1 The User shall agree that uploading the materials on the web-site the user provides access thereto to other registered users on default. Mail.Ru shall only be the tool enabling the user to access and to make the materials publicly available. 5.2 The User shall agree not to use Mail.Ru Services to: 5.2.1 upload, send, transmit or otherwise publish the Materials including by pointing at the location thereof, placing the links which are illegal, malicious, threatening, injure morality, detractive, infringing copyright or other intellectual property rights, hateful and/or discriminating on the basis of race, ethnos, sex, social status as well as infringing accepted standards and communication ethics on the Internet or hindering other User’s work with Mail.Ru Services; 5.2.2 infringe minor persons’ rights and/or cause any harm to them including moral harm; 5.2.3 impair the rights of various minorities; 5.2.4 represent itself to be another person or employee of any enterprise and/or association including Support Service of Mail.Ru, employees of Mail.Ru, for moderators as well as to misinform; 5.2.5 upload, send, transmit or otherwise publish the Materials which cannot be made public by the User in accordance with the laws or any third party agreements; 5.2.6 upload, send, transmit or otherwise publish the Materials infringing any third persons’ rights including the rights to trademarks (service marks), trade secret and/or to infringe any other intellectual property rights of the third persons; 5.2.7 upload, send, transmit or otherwise publish the advertisements which are not expressly allowed including mass advertisement mailing not authorized and/or not awaited by the User including messages with great number of reduplications to one e-mail address (SPAM) as well as numerous unauthorized messages sent to one addressee; 5.2.8 upload, send, transmit or otherwise publish any Materials containing viruses and other computer codes, files and programs intended to cause malfunction, destruction or limitation of functionality of any computer or telecommunication equipment and programs, to obtain unauthorized access to computer systems, equipment or data of the third persons as well as serial numbers of commercial software and programs for generation thereof, logins, passwords and other means to obtain unauthorized access to charged Internet resources as well as share links to the above information; 5.2.9 break any rules of the current Russian and/or international laws as well as the laws of foreign states; 5.2.10 collect and store the third persons’ personal data; 5.2.11 send e-mails to any person’s address through the Mail as well as publish the texts, photos and videos containing coarse, obscene or offensive words or phrases in Mail.Ru Services; 5.2.12 send e-mails containing porn texts, photos and videos and to publish the said Materials in Mail.Ru Services; 5.2.13 obstruct the work of the Internet Service by using pop-up windows; 5.2.14 share links to the Internet resources content of which contradicts the current laws of the RF (Russian Federation). 5.3 The User shall not use automated scripts (programs) to collect (or) interact with the Internet Service. 5.4 Except to the extent permitted hereby as well as by the current laws of the Russian Federation none of the materials may be copied (reproduced), processed, distributed, represented, published, downloaded, transmitted, sold or otherwise used in full or in part without prior consent of Mail.Ru or the correspondent title holder except when the title holder explicitly expresses its consent to common use of the Materials. 5.5 The User shall be entitled to publish in Mail.Ru Services the intellectual property assets owned by the User. 5.6 Except to the extent permitted hereby or if explicitly expressed consent of the author (title holder) any use of Mail.Ru Services without prior written consent of the title holder shall be strictly forbidden. 5.7 In case of the correspondent title holder’s grounded complaint as regards infringement of its legally protected rights Mail.Ru shall be entitled to delete the content posted by the User or block up Users’ access thereto without notification of the user and without assigning any reasons. 5.8 The User shall agree that it is personally liable for any Materials or information uploaded or otherwise made publicly available (publish) to the extent of Mail.Ru Services or through it. The User shall not be entitled to upload, transmit or publish the Materials in Mail.Ru Services if they are not personally created by the User or if the user is not authorized to publish them by the correspondent title holder. 5.9 If there are any third persons’ claims related to posting of the materials by the User the User shall independently settle those claims at its own expense. 5.10 Mail.Ru shall be entitled to make copies of the Materials to arrange and to facilitate publication and storage of Users’ content on the web site. 5.11 The User shall agree that it is personally liable for any information and materials posted in Mail.Ru Services and for its (User’s) interaction with other Users. 5.12 Taking into account that the Internet Service is publicly available and not predominated information resource Mail.Ru shall not be liable for any Materials posted by Users thereof. 5.13 Mail.Ru shall not be liable for behaviour of any Users using Mail.Ru Services both on-line and in the Internet (off-line). 5.14 Upon the first request of the competent law enforcement and other authorities but in accordance with the current laws Mail.Ru shall be entitled to provide such authority with the information as regards the User. 6. Non-commercial use The User shall agree not to reproduce, repeat or copy, not to sell or resell as well as not to use for any commercial purposes any intellectual property assets posted in Mail of Mail.Ru and other Mail.Ru Services except when the user is authorized to do so by Mail.Ru. 7. General Provisions of Using and Storing Data and Materials 7.1 The User shall acknowledge that Mail.Ru is entitled to establish limitations as regards using of Mail.Ru Services and the mail including: period of storage of postal communications and other Materials posted by the user, maximum number of messages which may be sent or received by one User, maximum size of a message or disc space, maximum number of visits the Mail or Mail.Ru Services for a certain period etc. 7.2 The User shall grant to Mail.Ru non-exclusive license to use inter alia to reproduce, distribute, process, demonstrate and to make publicly available the Materials publicly posted by the User in the Internet Service as content of Mail.Ru available in the Internet Serviceе Mail.Ru in order to promote the Internet Service and its advertisements. Author of the Materials specified in this clause shall retain all the proprietary and personal nonproperty rights in accordance with the laws of the RF and international agreements. 7.3 If the User deletes the Materials the rights specified in clause 7.2. hereof shall be automatically cancelled Mail.Ru shall be entitled to keep the archived content posted by Users. 7.4 Mail.Ru shall be entitled to prohibit automatic addressing to Mail.Ru Services as well as to stop receipt of any automatically generated information (for example, “Spam”). Mail.Ru at its own discretion may stop handling communications with the networks infringing the current rules of Russian and international laws, terms and conditions hereof as well as generally accepted principles of interaction on the Internet. 7.5 Using functionality of Mail.Ru Services the User shall agree that the user’s information may be only transferred to Mail.Ru partners to ensure rendering of the services ordered by the User as well as to grant to the User the rights to use extra charged functional (program) capabilities of the Internet Service provided together with those partners to the extent required to properly render the said services and grant the said rights. 8. Deletion of the User’s account as well as removal of the materials posted by the User 8.1 The User shall agree that Mail.Ru retains the right to terminate the user’s account at any time without prior notification of the User. 8.2 Account may be terminated due to the following reasons: а) breach of provisions hereof and/or User Agreement as regards Mail.Ru Service, parts thereof and amendments being an integral part thereof; b) upon the correspondent request of governmental authorities in accordance with the current laws of the Russian Federation; c) extended period when the account is not used to visit Mail.Ru (as stipulated herein); d) unforeseen technical problems or security related circumstances; e) obstructiveness or any breaches as regards Mail.Ru Services including using of any devices, software etc. 8.3 Mail.Ru shall retain the right at its own discretion to change (moderate) or to delete any information posted by the User including the information (Materials) breaking the bans stipulated in section 5 hereof (as well as any other bans and requirements stipulated in the current laws of the Russian Federation) including personal messages and comments, to suspend, to limit or to terminate access to any of Mail.Ru Services at any time for any reason or without giving any reason with or without prior notice, not being liable for any harm which may be caused to the user by such actions. 8.4 Mail.Ru shall be entitled to delete the User’s account and (or) to suspend, to limit or to terminate access to any service of the web-site if Mail.Ru founds in the User’s actions signs of breach of provisions hereof without giving any reason. Mail.Ru shall retain the right to delete any Materials posted by the User in Mail.Ru Services without giving any reason and without prior notification of the User, however Mail.Ru shall make every possible effort to avoid such situations. 8.5 The User shall agree that Mail.Ru shall retain the right to terminate maintenance of the User’s account in any of Mail.Ru Services not used by the User during the period exceeding six (6) months. 8.6 Termination of the User’s account shall assume: а) termination of the User’s access to the personal part of all Mail.Ru Services; b) deletion of the User’s password and removal of letters and files from the User’s e-mail box as well as deletion of personal settings. 8.7 The User shall be entitled to refuse to use its account in the Mail and other Mail.Ru Services having used the specialized interface deleting the accounts. Correspondence contained in the e-mail box and materials posted in Mail.Ru Services shall be permanently destroyed. If the account is deleted upon the User’s request the latter shall be entitled to independently reactivate the account following the Server instructions got after entering the login and password used prior to deletion of the account into the authorization form of the Mail. 9. Intellectual property right of Mail.Ru 9.1 The User shall acknowledge and agree that Mail.Ru Services contain the audiovisuals, computer software, trademarks and other intellectual property assets owned by Mail.Ru (and/or contractors of Mail.Ru) which shall not be used without prior consent of Mail.Ru. 9.2 The User shall not reproduce, copy, modify, sell, make publicly available or distribute content and programs of the Internet Service, in full or in part, unless otherwise provided by the User Agreement or terms of use of any Mail.Ru Service. 9.3 Mail.Ru shall grant to the User non-exclusive untransferable to the third persons right to use the software provided by Mail.Ru Services on one computer provided that neither user nor any other persons with the User’s assistance will not copy or modify the software; create programs derivative from the software; pierce the software to obtain program codes; sell, assign, lease or otherwise transfer to the third persons the Mail software, granted by the User under the User Agreement as well as modify the Mail inter alia In order to obtain unauthorized access thereto. 10. Trade mark Logo is a registered trademark owned by Mail.Ru, LLC. Any use thereof on the Internet shall be only allowed with the consent of Mail.Ru, LLC and with mandatory sharing of hyperlink and logo of www.mail.ru. Using of Mail.Ru trademark image (logo) or logos of web-services of Mail.Ru projects by all means including unauthorized publication in print and other media shall be deemed infringement of the right to the trademark. 11. Liability of Mail.Ru The User shall understand and agree that: 11.1 the User shall use Mail.Ru Services including the Mail “as is”. Mail.Ru shall not assume any liability inter alia for fitness of Mail.Ru Services for the User’s purposes; 11.2 Mail.Ru shall not guarantee that Mail.Ru Services will comply with the User’s requirements; will be provided constantly, fastly, reliably and without any errors; results which may be obtained by the User will be accurate and reliable; quality of any product, information and other things obtained using Mail.Ru Services, inter alia the Mail will meet the user’s expectations and that all the programs will be debugged; 11.3 Any Materials (intellectual property assets) obtained by the User using the mail and other Mail.Ru Services may be used by the User at its own risk, thereat, the User shall assume the liability for any damage which may be inflicted to the User’s computer and data as a result of uploading such Materials; 11.4 Mail.Ru shall not be liable for any direct or indirect loss incurred due to using or impossibility to use Mail.Ru Services including the Mail; due to unauthorized access to the user’s communications; due to the third persons’ fraudulent actions inter alia using of Mail.Ru designation of the trademark for their own profit. 11.5. Mail.Ru shall not be liable for commercial using of the User’s e-mail box including for storage of the documents and carrying on business correspondence. 12. Confidentiality of Mail.Ru 12.1 Mail.Ru shall not be entitled to use User identification technologies including the ones using cookies as well as to use the said technologies for marketing purposes in order to study User’s preferences. Thereat, such identification is of non-personalized and generalized nature, Mail.Ru does not either track certain Users’ actions or transfer its information thereabout. Nevertheless the said data may be provided to the competent governmental authorities in accordance with the current laws of the RF. 12.2 To the extent of functionality of Mail.Ru Services there shall be ensured privacy of messages and maintained confidentiality of the information as regards Users of Mail.Ru, except as permitted by applicable laws of the Russian Federation. 12.3 Mail.Ru Services are not censored. The User shall agree that its incoming and outgoing messages in the Mail shall be subject to automatic processing by Mail.Ru programs ensuring proper transmission, receipt and storage of the messages in the Mail. Mandatory automatic processing in the mail shall include the necessary complex of measures aimed at revelation of malicious code in the transmitted information as well as possibility of blocking or deletion thereof (depending on complexity of the code and software of Mail.Ru Services). These measures shall be only taken to protect Users’ personal computers as well as to decrease the weight on equipment of Mail.Ru. 12.4 The User shall agree that Mail.Ru is entitled to use the generalized registration data for targeting purposes in Mail.Ru Services, thereat Users’ e-mail addresses shall not be disclosed to the third persons. 13. Concept of respect for the Internet users’ rights Users of Mail.Ru Services shall respect the rights of each other and the third persons, observe Internet practices and ethics, shall not take advantage of functionalities of Mail.Ru Services contradicting the current laws as well as ethics and morality. 14. Information security 14.1 The User shall not be entitled to gain access to any other information of Mail.Ru Services except for own User’s information contained in its e-mail box as well as public information contained in Mail.Ru Services. 14.2 If there is found a person performing the actions classified as spam through the Mail of Mail.Ru, Mail.Ru shall be entitled to block receipt of messages from the address of the said person (including the User) to e-mail addresses of Mail.Ru. 14.3 Mail.Ru shall not be liable for security of any Mail.Ru accounts and the User’s passwords if such user access the Mail through the forms of external web-sites. 15. Idle time of the Internet-Service 15.1 Mail.Ru shall be entitled to perform preventive maintenance of Mail.Ru Services with temporary suspension of work of Mail.Ru Services. 15.2 In case of occurrence of force majeure circumstances as well as breakdowns and malfunctions of hardware and software systems of the third persons cooperating with Mail.Ru, or the third persons’ actions aimed at suspension of functioning of all or part of Mail.Ru Services there shall be allowed suspension of work of Mail.Ru Services without prior user notification. 16. Feedback and procedure for claims management The User thinking that its rights and interests are infringed by the actions of Mail.Ru shall be entitled to lodge a claim. Claims shall be considered by the Customer Support Service of Mail.Ru in accordance with the general procedure for consideration of requests. E-mail address of the Customer Support Service of Mail.Ru: support@corp.mail.ru. As regards functioning of Mail.Ru Services the User shall address to the Customer Support Service through the form https://help.mail.ru/mail-support . The User and Mail.Ru shall agree that all the disputes as regards the User Agreement shall be settled in accordance with the current laws of the Russian Federation. 17. General information 17.1 Nothing specified herein shall be deemed establishment of agency relationship, comradeship, joint-cooperation, employment or any other relationship not expressly stipulated herein between the User and Mail.Ru. 17.2 Judicial acceptance of invalidity or unenforceability of any provision hereof shall not entail invalidity or unenforceability of other provisions hereof. 17.3 Omission of Mail.Ru in case of breach of provisions hereof by the User of the third persons shall not deprive Mail.Ru of its right to take the measures protecting its interests later. 17.4 All the disputes between the parties hereto shall be settled by communication or negotiations mandatorily using the pre-action protocol (complaint procedure). In case of the parties' failure to agree by negotiations within sixty (60) calendar days since the date of receipt of a written claim by other party the dispute shall be submitted for arbitration by the interested party at the location of Mail.Ru (excluding jurisdiction of any other courts). 18. Amendments and modifications of the User Agreement 18.1 This User Agreement and agreements as regards certain Services may be amended by Mail.Ru without prior notice. Any amendments of the User Agreement unilaterally introduced by Mail.Ru shall enter into force since the date following the date of posting thereof on the Internet Service/on the pages of the correspondent Mail.Ru Service. The User shall independently check the User Agreement as well as the terms and conditions of the agreements as regards certain Mail.Ru Services for amendments. The User’s failure to familiarize itself with the User Agreement shall not serve as the basis for failure to fulfil the User’s obligations and omission to observe the restrictions stipulated herein and the agreements as regards certain Mail.Ru Services. 18.2 If authorities of the Russian federation adopt any regulations affecting functioning of Mail.Ru and Mail.Ru Services in full or in part, Mail.Ru shall retain the right to anyhow modify functioning of the Mail.Ru Services to bring activity of Mail.Ru in compliance with the new regulations. 18.3 The User shall be entitled to refuse to accept the amendments hereto and/or certain Mail.Ru Services i.e. the User’s refusal to use the Internet Service and/or certain Mail.Ru Services as well as all the earlier granted rights. Using any of the Mail.Ru Services shall mean the User’s unconditional consent to provisions hereof. HI5 TERMS OF SERVICE Jump to Privacy Policy Terms of Service Updated as of February 16, 2017 HI5 DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS. PLEASE BE SAFE WHEN INTERACTING WITH USERS. Read our Online Safety tips. 1 This Terms of Service Agreement (the "Agreement") controls your access and use of any of the various services (the "Services") made available to you (the "Member") by hi5 Inc. ("hi5") through http://www.hi5.com, hi5 mobile applications or otherwise. 2 ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER MAY REGISTER FOR hi5. By accessing the services and/or completing the registration process for the hi5 website, 3 you represent that you are 18 years of age or older, and can and will be legally bound by this Agreement. By registering on hi5, you represent and warrant that you are not required to register as a sex offender with any government entity. 4 No Member may participate where doing so would be prohibited by any applicable law or regulation. We have created side summaries to help you easily locate specific terms within this Agreement. These summaries are for reference only and in the event that there is a discrepancy between this Agreement and the language of the side summaries, the Agreement will prevail. A) Changes to the Terms 5 hi5 reserves the right to change or amend this Agreement at any time, for any reason, or for no reason at all, at hi5's sole discretion. The most recent version of this Agreement will be posted on the hi5 website. 6 Although hi5 will provide notice of material changes to this Agreement on the hi5 website, as a Member it is your sole responsibility to keep yourself informed of any such changes or amendments. 7 Should a Member object to any terms and conditions of the Agreement or any subsequent changes to the Agreement or become dissatisfied with hi5 in any way, Member's only solution is to immediately: (1) discontinue use of hi5; (2) terminate their hi5 registration; and 8 (3) notify hi5 of termination. B) Description of Services 9 As a Member, you will be provided with a variety of Services, as described on the hi5 website. Members may also use certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. hi5 reserves the right to enhance, change, or discontinue the Services, 10 in whole or in part, at any time, for any reason, or for no reason at all, at hi5's sole discretion, with or without notice to Members, and with no obligation to Members. C) Member Conduct 11 Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. hi5 reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. 12 Nor does hi5 guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, hi5, at its sole discretion, may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions that hi5 deems appropriate to enforce its rights and pursue all available remedies. Without limitation, 13 hi5 reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines: 14 Members shall not engage in any harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking. 15 Members shall not list the email addresses of people unknown to them. 16 Members shall not list as referrals any email addresses that are fake, fictitious, or made up. Members shall not list as referrals any email addresses which are owned by or belong to that member. Members shall not attempt to interfere with any other person's use of the Services. Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a hi5 employee, forum leader, guide or host. 17 Members shall not falsely represent that they are sponsored by, endorsed by, or affiliated with the hi5 website. 18 Members shall not use any portion of the hi5 website or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation. 19 Members shall not use any portion of the hi5 website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable. 20 Members shall not engage in any activity that is clearly offensive or promote or otherwise encourage racism, bigotry, hatred or physical harm of any kind against any group or individual. Members shall not use any portion of the hi5 website or the Services to post, share, promote, depict, encourage, solicit or exchange Content Harmful to Minors. Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation. 21 Members shall not post content that displays pornographic or sexually explicit material of any kind. Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18. 22 Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses. 23 Members shall not attempt to gain unauthorized access to hi5's database or other computer systems. Members shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by hi5 in connection with the hi5 website or the Services. 24 Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the hi5 website. 25 Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraph #1 through #18 above. Members shall not use any portion of the hi5 website or the Services for any unlawful purpose. 26 Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members. Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account. Members shall not post any contact information on Profile pages, Groups or Newsfeed. Contact information includes email addresses, instant messenger IDs, phone numbers and physical addresses. Members shall not publicly post information that poses or creates a privacy or security risk to another person. 27 Members shall not attempt to buy hi5 Gold outside of the hi5.com website Members shall not attempt to sell hi5 Gold or a hi5 user account. 28 All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of hi5 and its designees. hi5 has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the hi5 Services. hi5 and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of hi5. hi5 is not obligated to provide a Member with a warning prior to removal. D) Privacy 29 hi5 has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read by clicking http://www.hi5.com/terms_of_service.html?priv=y#privacy_policy. The policy explains how and when hi5 may use Member information and content. Member's use of the hi5 website or the Services signifies acknowledgment of and agreement to hi5's Privacy Policy. E) Document Retention Schedule 30 All personal information collected by hi5 in connection with your use of the hi5 website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will may be stored by hi5 indefinitely and will be stored in a safe and secure manner. F) Notice Regarding Commercial Email 31 MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM HI5, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY HI5 FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES. G) Member Account and Password 32 Once Member registers for hi5, Member will have a password and an account with hi5. Member is responsible for keeping the Member's password and account confidential. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify hi5 of any unauthorized use of Member's account or any other breach of security known to Member. H) hi5 Gold 33 You may purchase virtual currency for use solely on the hi5 Site ("hi5 Gold"). Purchases or other acquisitions of hi5 Gold provide only a limited, non-transferable, non-sublicensable, fully-revocable license to use such hi5 Gold to access Services that 34 we expressly make available for use with such hi5 Gold for your personal non-commercial use hi5 Gold is redeemable only on the hi5 site for hi5 digital merchandise and content. hi5 Gold does not expire. hi5 Gold is non-refundable. 35 hi5 Gold has no monetary value and does not constitute currency or property of any type. hi5 Gold is not transferable or assignable. 36 You will not be entitled to a refund, money or any other compensation for unused hi5 Gold and virtual items when an account is closed, whether such closure was voluntary or involuntary. I) VIP Membership 37 You may decide to upgrade your membership to VIP status for an additional monthly cost. If you choose to become a hi5 VIP, your membership will automatically renew on a monthly basis. If, at any point, you wish to discontinue your VIP membership, you may do so at your convenience. If your VIP membership account is billed through our website, you must visit http://www.hi5.com/account_info.html, click the Subscriptions and Payments tab, select 'cancel your subscription' and click 'Cancel VIP'' at least 3 days prior to your next scheduled automatic payment so that we can process your cancellation properly. If your VIP membership account is billed through iTunes, you must cancel at least 24 hours prior to your next scheduled automatic payment, by following the process outlined here. If your VIP membership account is billed through GooglePlay, you must cancel within 7 days from the start of your billing cycle, by following the process outlined here. J) Mobile 38 hi5 may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. 39 Although we provide our Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges. K) Copyrights, Trademarks, Patents and Intellectual Property Rights 40 Member acknowledges that messages, files or other materials ("Content") contained on the hi5 website and within hi5 email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by hi5 and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 41 Member is permitted to use hi5 Content or third party Content only as expressly authorized by hi5 or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the hi5 Content or third party Content without expressly being authorized to do so by hi5 or the third party advertiser. 42 Member may make a copy of the hi5 Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although hi5 does not claim ownership of content that its Member's may provide to hi5, by providing content to hi5, Members automatically grant, and represent and warrant that they have the right to grant, 43 to hi5 a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicensable, license to use, copy, perform, display, and distribute said content. 44 hi5 respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify hi5's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at: 45 hi5 Copyright Agent 101A Clay St Box #117 San Francisco, CA 94111 (650) 273-4289 copyrightagent@hi5.com Please provide our Agent with the following Notice: Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on hi5 that you claim is infringing, with enough detail so that we may locate it on the website; 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 declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; 46 Your address, telephone number, and email address; and Your physical or electronic signature. hi5's Agent will forward this information to the alleged infringer. It is hi5's policy to terminate the accounts of repeat infringers. L) Disputes 47 You and hi5 agree that, except as otherwise specifically provided in this Agreement, you and hi5 shall seek to resolve any and all disputes between hi5 and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation: disputes arising out of and/or otherwise relating to hi5's Terms of Service and/or Privacy Policy; disputes arising out of and/or otherwise relating to any Services and/or any content on the hi5 website; disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the hi5 website; disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of hi5; disputes arising out of and/or otherwise relating to any advertising and/or other communications by hi5 in connection with the hi5 website; disputes that are the subject of purported class action litigation in which you are not a member of a certified class; disputes that arose before you entered into this Agreement and/or any prior version of this Agreement; disputes that may arise after you terminate your registration with the hi5 website; and disputes 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. 48 Despite the language agreed to above and as an alternative to arbitration, either you and/or hi5 may bring an individual action against the other in small claims court. Additionally, you and/or hi5 may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against hi5 on your behalf, and/or against you on hi5's behalf. You agree that you and hi5 have voluntarily and intentionally waived any and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. 49 The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement. For you or hi5 to initiate arbitration against the other party it must first send by certified mail to the other party a written Notice of Dispute ("Notice"). 50 The Notice must identify and detail the nature of the party's Claim, the basis for that Claim, and the specific relief being sought for that Claim, including, without limitation, any Claim for injunctive relief. For the parties' convenience, a form for providing Notice is available at http://www.hi5.com/disputeresolution_forms.html to download and complete. 51 A Notice being sent to hi5 must be addressed to: Dispute Resolution Department, hi5, Inc., 101A Clay St, Box #117, San Francisco, CA 94111 ("hi5 Notice Address"). A Notice being sent to you shall be sent to your hi5 e-mail account and to any other e-mail address provided in your registration (collectively, "Member Notice Address"). You may also opt to receive a copy of any Notice via mail by sending a written request to the hi5 Notice Address including your name, postal address, Member Notice Address and hi5 User ID number (UID). 52 After receipt of the Notice you and hi5 must attempt in good faith to resolve the dispute set forth in the Notice. If you and hi5 are not able to resolve the dispute within 30 days after the Notice is received, then you or hi5 may initiate an arbitration proceeding 53 against the other by downloading and completing the "American Arbitration Association ("AAA") Consumer-Related-Disputes Form-California (For Use Only In California)" demand for arbitration form available at Demand for Arbitration ("Demand"), and sending a copy of the Demand to the AAA, together with a copy of the hi5 Terms of Service and a check or money order payable to the AAA in the amount of the appropriate filing fee, and sending a copy of the Demand to the other party. 54 The copy of the Demand being sent to the AAA must be addressed as stated on the Demand. A copy of the Demand being sent to hi5 must be addressed to the hi5 Notice Address. A copy of the Demand being sent to you shall be addressed to the Member Notice Address. 55 Please note AAA does not provide hi5 customer support and is only able to provide information regarding initiating an arbitration proceeding against hi5. All concerns regarding your account should be addressed to hi5 by submitting a Ticket. 56 hi5 will try to resolve your concern, and in the case that you are not satisfied with the resolution you may choose to follow the process outlined on the Dispute Resolution Page. Information regarding the appropriate filing fee to send with the Demand to the AAA (including the possible waiver of all or part of that fee) is available at AAA Consumer Arbitration Rules and https://www.adr.org/aaa/ShowPDF?doc=ADRSTAGE2026862, or by calling AAA Customer Service at (800) 778-7879 or AAA Case Filing Services at (877) 495-4185. Note: AAA does not provide hi5 customer support and is only able to provide information regarding initiating an arbitration proceeding against hi5. If you initiate an arbitration proceeding against hi5 and are not able to pay all or part of the AAA filing fee (and do not receive a waiver of the unpayable amount), and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send a written request for payment of the unpayable amount to hi5 at the hi5 Notice Address. hi5 shall consider your request and will, in its own discretion, either (1) pay the unpayable amount to the AAA directly or (2) send notice to you of its denial of your request within 10 business days of the receipt thereof. Further, if you initiate an arbitration proceeding against hi5, and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send proof of your payment of all or part of the AAA filing fee to hi5 at the hi5 Notice Address, and hi5 shall reimburse you for that actually paid amount. 57 The arbitration shall be administered by the AAA and shall be governed by the AAA Commercial Arbitration Rules and Mediation Procedures and the AAA Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available online at AAA Consumer Arbitration and Consumer Arbitration Rules, or by calling AAA Customer Service at (800) 778-7879. (Additional information about the arbitration process, presented in a simplified FAQ format, is available at http://www.hi5.com/disputeresolution.html. The arbitrator selected to resolve the dispute between you and hi5 shall bound by the terms of this Agreement. All arbitration hearings shall take place exclusively in 58 San Francisco County, California. Except, however, that if the total amount of the relief you are seeking in the arbitration is $10,000 or less you may choose whether the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, through a telephone hearing, or by an in-person hearing, as established by the AAA Rules. 59 If the total amount you are seeking is greater than $10,000 then your and hi5's respective rights to an arbitration hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which any award is based. In addition to any reimbursement of AAA filing fees as detailed above, and so long as the total amount of the relief you are seeking in the arbitration is $10,000 or less, hi5 shall pay all other AAA administration fees and all arbitrator fees for the arbitration. Except, however, that if the arbitrator in such action finds that either the substance of your dispute against hi5 or the relief you are seeking in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration and arbitrator fees in such action shall be governed by the AAA Rules. In said event, you hereby agree to reimburse hi5 for all monies paid by hi5 that are your obligation to pay under the AAA Rules. 60 Additionally, if the total amount of the relief you are seeking in the arbitration is greater than $10,000 then the payment of all AAA filing, administration and arbitrator fees shall be governed by the AAA Rules. 61 You and hi5 agree that unless and until the arbitrator determines the monetary and/or other relief, if any, to which you and/or hi5 is entitled in connection with the dispute being arbitrated, neither you nor hi5 shall disclose to the arbitrator the amount of any settlement offer(s) that you and/or hi5 previously made to the other in connection with said dispute. In any individual arbitration between you and hi5, 62 if the arbitrator issues you an award that is greater than the value of hi5's last written settlement offer to you then hi5 shall: pay you the amount of the award or $2,500 (the "Member Incentive"), whichever is greater; and pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against hi5 in the arbitration (collectively, the "Attorney Incentive"). 63 However, if hi5 did not make any written settlement offer to you prior to the arbitrator in said individual arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against hi5, you and your attorney (if any) shall be entitled to receive the Member Incentive and the Attorney Incentive, respectively. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the individual arbitration and/or upon request by you and/or hi5 made within 14 days of the arbitrator's ruling on the merits of said individual arbitration. The Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the individual arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If hi5 prevails in an individual arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, hi5 hereby agrees that it shall not seek and shall refuse to receive such an award. The arbitrator may award any form of individual relief in your favor, but solely to the extent warranted by your individual Claim. You and hi5 agree that, except as otherwise specifically provided in this Agreement, 64 you and hi5 may bring a Claim against the other solely in your or hi5's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, except as otherwise set forth herein, no arbitrator may consolidate more than one person's Claim and/or otherwise preside over any form of a representative or class proceeding. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void. 65 AT ANY TIME AND IN ITS SOLE DISCRETION hi5 MAY DIRECT THE AAA TO CONSOLIDATE ANY AND ALL PENDING INDIVIDUAL ARBITRATION CLAIMS THAT (i) ARISE IN SUBSTANTIAL PART FROM THE SAME AND/OR RELATED TRANSACTIONS, EVENTS AND/OR OCCURRENCES, AND (ii) INVOLVE A COMMON QUESTION OF LAW AND/OR FACT WHICH, IF RESOLVED IN MULTIPLE INDIVIDUAL AND NON-CONSOLIDATED ARBITRATION PROCEEDINGS, MAY RESULT IN CONFLICTING AND/OR INCONSISTENT RESULTS. IN SAID EVENT, YOU HEREBY CONSENT TO CONSOLIDATED ARBITRATION, IN LIEU OF INDIVIDUAL ARBITRATION, OF ANY AND ALL CLAIMS YOU MAY HAVE AGAINST hi5 AND THE AAA RULES SET FORTH HEREIN SHALL GOVERN ALL PARTIES. Additionally, in said event, if the arbitrator issues you an award that is greater than the value of hi5's last written settlement offer to you then hi5 shall: 66 pay you the amount of the award or three times the amount of hi5's last written settlement offer to you (the "Member Incentive"), whichever is greater; and pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against hi5 in the arbitration (collectively, the "Attorney Incentive"). 67 However, if hi5 did not make any written settlement offer to you prior to the arbitrator in said consolidated arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against hi5, then you shall be entitled to receive the award and/or $500, whichever is greater, and your attorney (if any) shall be entitled to receive the Attorney Incentive. As also noted above, the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the consolidated arbitration and/or upon request by you and/or hi5 made within 14 days of the arbitrator's ruling on the merits of said arbitration. Similarly, the Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the consolidated arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If hi5 prevails in a consolidated arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, hi5 hereby agrees that it shall not seek and shall refuse to receive such an award. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void. 68 Notwithstanding any provision in this Agreement to the contrary, you agree that if hi5 changes this Dispute provision in the future (other than a change to the hi5 Notice Address and/or any Internet address, telephone number and/or document title set forth in this provision) you may reject that change by sending written notice within 30 days of the change to hi5 at the hi5 Notice Address. By rejecting said change you reaffirm that you shall seek to resolve all disputes between you and hi5 solely through arbitration in accordance with this Agreement. If there is a dispute between participants on this site, or any third party, hi5 is under no obligation to become involved. In the event that Member has a dispute with one or more members, 69 Member hereby releases hi5 and its directors, officers, employees, agents, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature (regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed), arising out of or in any way related to such disputes and/or any the Services. 70 If Member is a California resident, Member hereby waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." M) Termination Either party may terminate use of the hi5 website or the Services with or without cause at any time and effective immediately upon written notice to the other party. 71 hi5 may terminate with or without cause at any time and effective immediately, at hi5's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. 72 hi5 shall not be liable to Member or any third party for termination of use of hi5 or the Services. Member's right to use hi5 or the Services shall cease immediately. Member shall have no right and hi5 will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement. N) DISCLAIMERS OF WARRANTIES 73 MEMBER AGREES THAT USE OF THE hi5 WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE hi5 WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, 74 hi5 DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE hi5 WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, hi5 DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE hi5 WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE hi5 WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, hi5 DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE hi5 WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. O) LIMITATION OF LIABILITY 75 UNDER NO CIRCUMSTANCES SHALL hi5 BE LIABLE AS A RESULT OF MEMBER'S USE OR MISUSE OF THE hi5 WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE hi5 WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE hi5 WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE hi5 WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE hi5 WEBSITE OR THE SERVICES OR ANY LINKS ON THE hi5 WEBSITE, 76 AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE hi5 WEBSITE OR THE SERVICES OR ANY LINKS ON THE hi5 WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. P) Indemnification 77 Member agrees to indemnify and hold hi5, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement or use of the Services. Member agrees to hold hi5 harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement. Q) Governing Law 78 The Agreement and the relationship between Member and hi5 shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and hi5 nevertheless agree that the court should strive to give effect to your and hi5's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. 79 You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to hi5, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. hi5 makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws. R) Agreement 80 The Agreement makes up the entire agreement between Member and hi5 and governs your use of hi5 and the Services, superseding any prior agreements between Member and hi5. 81 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. The failure of hi5 to exercise or enforce any right or provision of the Agreement shall not result in a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. 82 In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail. The side summaries within this Agreement are for reference only. In the event that there is a discrepancy between the full terms of this Agreement and the language contained within the side summaries the full version of the Agreement shall prevail. Contacting hi5 Users with questions about this Terms of Service and any of the above statements may contact hi5 by writing to: hi5.com, 101A Clay St, Box #117, San Francisco, CA 94111. hi5 is not in any way related to, affiliated with, endorsed or sponsored by Nine Networks Australia's Hi5 television show or any related products bearing its trademark "Hi5." In order to access or register for hi5 you have to agree to the rules in this Agreement. You have to be at least 18 years old to use the Services. These side summaries are for your reference, so that you can easily find information within the Agreement. Please read the entire Agreement to your left for all details governing the use of the Services. We can change the terms of this Agreement at any time. We will provide a notice on the site if there is a major change. It is your responsibility to ensure that you are aware of any changes. If you disagree with the current rules or any changes to the rules you should cancel your account. You can view our Services and features on the website. We can change or discontinue the Services and features offered on the site at any time. If you engage in prohibited behavior we may suspend or cancel your account. We have the right to monitor your account and any of your content, communication or behavior associated with that account to ensure that you are following the rules. We may terminate your account if we find that you are in violation of any of our rules or if we find that you are engaged in prohibited behavior. You shall not engage in harassment or stalking. You shall not provide any information that is false or belongs to another person. You shall not pretend to be someone that you are not. You shall not use this site to sell or advertise anything without written permission from hi5. You shall not send spam or junk mail. You shall not use any abusive language. You shall not post any illegal content or participate in any illegal activity. You shall not post pornographic or other inappropriate material. You shall not provide information instructing others on how to commit illegal acts. You shall not attempt to access an account or information that does not belong to you. You shall not attempt to impair the Services. You shall not collect personal data about other Members. You shall not try to gain access to another user’s account. You shall not attempt buy or sell Gold or user accounts. We will solely decide whether you violate any guideline and may prevent you from uploading content, may delete your content and your entire account. See our Privacy Policy for details on what information we collect and use. We can choose to store certain data for an infinite amount of time. We can choose to store certain data for an infinite amount of time. You agree to receive commercial messages from us. Don’t share your password or login information. Gold is virtual currency that can only be used on the hi5 site for hi5 Services. You are not allowed to buy Gold outside of the hi5 website. You are not allowed to sell or give away Gold. Purchases of Gold are not refundable, even if your account is cancelled. We offer a VIP membership at a monthly cost. If you access our Services through your mobile phone, your mobile phone company may charge you for use of data. You are responsible for these charges. When you use your mobile phone hi5 may collect additional information, including your location. Our content is protected by certain rights, including copyrights, trademarks, service marks, patents, etc. You may not use hi5 content outside what is allowed by these terms. We do not allow infringement of a copyright holder's rights. Any known infringement should be reported to hi5. You may not post content unless they have the right to grant us rights to the content. We do not allow infringement of a copyright holder's rights. Any known infringement should be reported to us. Please notify us of any copyright infringement by contacting us directly. Please provide the requested information so that we can take necessary action and remove the infringing content. You agree to resolve all disputes with us through arbitration. In addition to arbitration, you or hi5 may file a claim in small claims court or bring a claim to the attention of the federal, state or local government. You and hi5 waive any rights to trial by jury and all rights to participate in a class action. Before beginning the arbitration process either you or hi5 has to provide a notice to the other party. You must mail the notice to hi5. hi5 may send the notice to your email address. After receiving notice we will both try to resolve the dispute. If we cannot reach an agreement within 30 days, then you or hi5 can start the Arbitration process. Arbitration will be conducted by the American Arbitration Association (AAA). You may submit a request for payment assistance to hi5. hi5 will provide assistance with payment of arbitration fee if you are unable to pay and otherwise qualify for the assistance. The arbitration will be conducted by the AAA, under their rules. All arbitrations will take place in San Francisco, California. If the amount in dispute is less than $10,000, you may choose to conduct the arbitration by phone or through document submission. If your claim is for $10,000 or less you may be entitled to have us pay for all the arbitration fees. Until the arbitrator issues a monetary award neither you nor hi5 will disclose any settlement offers to the arbitrator. If an arbitration results in an award to you that is greater than our last written offer, you may be entitled to receive additional fees from us. If we did not make any written offer and an arbitrator issues an award you and your attorney may be entitled to receive additional awards. You and hi5 agree that any claims brought will be solely on behalf of you or hi5 and not as part of a class action. hi5 may request the AAA to combine related arbitration claims from members when such claims are related. If the AAA grants you an award that is higher than the last written settlement offer from hi5, if any, you may be entitled to additional fees from hi5 above the amount of the award granted by the AAA. If we did not make any written settlement offer prior to arbitration you may also be entitled to receive additional fees. If we change this Dispute provision you may reject the change by a written notice to us and reaffirm that you and hi5 will only resolve disputes through arbitration. We are not required to become involved with disputes between you and any other participant on the site. We will not be responsible for any disputes between you and another participant on the site. We have the right to cancel your account for any reason or without a reason. We will not be required to provide you with copies of your account content once your account is cancelled. This may include photos, videos and messages. We are providing services on an "as is" basis and makes no promises that the site or its services are intended to fulfill a particular purpose. We are not responsible for any goods or services received through, advertised or otherwise displayed on the site. We will not be responsible for any damages resulting from your use or misuse of the site. We will not be responsible for any damages resulting from services or products advertised or displayed on the site. If your breach of this Agreement results in a dispute involving hi5 and related parties, you will be responsible for any attorney's fees, court costs, penalties, monetary payments due and any other required action that is required to correct the injury resulting from your breach. If there are any disputes between you and hi5, they will be governed by California law and this Agreement will be interpreted under California Law. Any claims filed by you related to this Agreement must be filed within 1 year of the incident. This Agreement governs your use of the Site. You may also be subject to additional rules from our affiliate services that may apply to third-party content or software. These side summaries are for your reference only. Please read the entire agreement to your left for all details governing your use of hi5. HI5 PRIVACY POLICY Updated as of March 19, 2015 How hi5 Works 1 hi5 (the “Site” or “hi5”) is a social discovery website that lets you (the “Member”) meet and interact with new people and stay in touch with friends. When you visit and interact with hi5 you may provide information about yourself or your opinions, and it is wise to be aware of the personal information that you are sharing. 2 At hi5 we understand this and we have established this Privacy Policy to explain how we collect information from you and how this information is used. We have created side summaries to help you easily locate specific terms within this policy. 3 These summaries are for reference only and in the event that there is a discrepancy between this Privacy Policy and the language of the side summaries, the Privacy Policy will prevail. Who is Eligible to Use hi5 To use hi5, you must be 18 years of age or older. Anyone under age 18 is prohibited from registering for and using hi5. 4 By registering on hi5, you represent and warrant that you are not required to register as a sex offender with any government entity. No Member may participate where doing so would be prohibited by any applicable law or regulation. Children and Safety 5 hi5 is a general audience web site for Members who are 18 years of age or older. The safety and privacy of children is extremely important to hi5 and we use the safeguards described below to protect children. Our registration process is designed to restrict children under age 18 from becoming Members of hi5, through use of an age gate mechanism on the registration page. 6 If we receive information suggesting that a Member of hi5 is under age 18, we require the Member to provide evidence, the nature of which to be determined by hi5, confirming that the Member is at least 18 years old, and we reserve the right to suspend the Member’s account while we review the evidence and verify the Member’s age. If the Member fails to provide such evidence within 48 hours, we may terminate the Member's account and delete all personal information displaying on the site. 7 We prohibit Members who are under 18 years of age. For more information about protecting your privacy, please visit the Federal Trade Commission’s web site. In addition to the previously mentioned safeguards for the detection and removal of Members under the age of 18, 8 we have a process for parents to contact hi5 directly so that we can take the proper steps required to be in compliance with the Children’s Online Privacy Protection Act (COPPA). Parents: If your child is under the age of 13 and has joined hi5 using a false age, please notify hi5 at parentcare@hi5.com, and we will terminate your child's account and delete all personal information displaying on the site. If you would like to know more about our site, stored information about your child, or how to terminate your child's account, please send your request by mail to Customer Experience hi5.com, 101A Clay St, Box #117, San Francisco, CA 94111 or submit your request online at https://support.tagged.com. We will happily respond to all communications from parents with privacy questions or concerns. Information hi5 Collects and How hi5 Uses That Information Registration Information 9 When you register to become a Member of hi5, you are required to provide us with certain personal information, including your first and last name, gender, email address, zip code (or country and city) and date of birth. You also will be required to select a password for accessing your hi5 account. To complete the registration process, we send you a validation email message with a URL link back to the Site. The URL link contains a unique user ID that our computer system will use to identify you whenever you log on to hi5. 10 Once you receive the validation email, you must click on the URL link and follow the instructions so that we can authenticate your identity, Member ID and registration. If you register using our mobile application you will have the option to use our “nearby” feature, which will allow you to search for your GPS location and will fill in your country and city on the registration form. hi5’s Use of Your Information 11 hi5 uses certain of your personal information to enable you to interact, or to enhance your experience, with the Site and its features. hi5 allows Members to provide information to a personal profile that is accessible to other Members. 12 We publicly display some of your personal information, such as your picture and name, in your Member profile. To make searching and finding friends and acquaintances on the Site easier we allow Members to search for other Members using a first and last name, an email address, a location or schools that the Member may have attended. Members may choose to arrange their settings so that their profiles, photos, contact information and ability to be located in searches cannot be seen by anyone other than accepted friends. 13 Members also can pre-approve comments before they appear on their profiles and block other Members from accessing profile information. These privacy procedures enable individual Members to determine how much information to share with potential friends and unknown users and Members. 14 Unless you configure your account settings to remain private, all registered Members will be able to view any personal information that you disclose in your public profile, including without limitation your photos, videos, and friend list pages, which may include personal information (including responses to survey questions). For your privacy and safety, please do not post direct contact information in your profile, such as email addresses, URLs, instant messenger IDs, phone numbers, full names, or mailing addresses. Posting of such information to Profile pages, Groups or Newsfeed shall be considered a violation of our Terms of Service. 15 We also caution you not to share sensitive information (such as full names, social security numbers, credit card numbers, and driver's license numbers) with other Members whom you do not know well, or place such information in your profile. Be aware that when you publish content or information on the Site using the "everyone" setting, you are allowing everyone, including non-Members and people off hi5, to access that information and to associate it with you. Our Browse feature allows you to search for members based on the criteria that you select. When you search for members using our Browse feature, members may be able to see that you are using the Browse feature or searching for people like them and may receive notifications of your search. 16 We use your profile information for the purposes of providing our services to you, such as to analyze demographics, to better personalize our various offerings for you and other Members, and to enable other Members to find your profile. 17 We also use your email address to communicate with you about the Site and its features. From time to time, we may share your email address [and/or other personal information] with third parties for marketing purposes. 18 You can opt out of having your email address shared with third parties for marketing purposes by sending your request by mail to Customer Experience, hi5.com, 101A Clay St, Box #117, San Francisco, CA 94111 or by submitting your request online at https://support.tagged.com. In addition, we may share your email address with third parties to target advertising and to improve your user experience on the Site. We also may use the email addresses that are in your address books, or that you otherwise provide, to invite your friends to join hi5, as detailed in the Invitations section below. Information That You Share When You Use hi5 19 When you use hi5, we store certain information that you may actively or passively share or disclose, including your Member ID, name, location, email address, photos, videos, friend connections, incoming and outgoing messages, incoming and outgoing comments and login information. 20 When you visit particular pages within hi5, you may be allowed to customize features on those pages and we may keep track of your customized preferences. We also use various technologies to remember you and create a more personalized experience for you on the Site, as detailed in the Clickstream Data, Cookies and Other Technology section below. 21 We also track your use of the Site, including the pages that you visit once you sign in, how much time is spent on each page, features that you click on and other behavior. We use this information to improve our site and may also share this information with third parties for the purposes of enhancing your user experience. Clickstream Data, Cookies and Other Technology We receive different types of data from the computers and/or servers that you use when you access hi5: A cookie is a small piece of data that is sent by hi5 or its advertisers to your Internet browser and stored on your computer’s hard drive, and that delivers information about you and your activity on the Site. Pixel tags are tiny graphic files that can function in various ways (such as allowing us to track how you view an email that we send you) and are commonly used in conjunction with cookies. Local storage is similar to a cookie but is instead located on your browser and can store more information. 22 Other data that we receive when you use hi5 includes “clickstream information” such as your IP address, the type of operating system and/or browser that you use, your location, and the pages that you visit. 23 Like many other websites, we use clickstream information and technologies such as cookies, pixel tags and local storage to allow enhanced features, enable customizable content, and provide you with the best possible user experience. 24 We may also share your clickstream information and information collected from cookies, pixel tags and local storage with our vendors and partners for the purposes of enhancing your user experience. You can configure your Internet browser, to accept all cookies, reject all cookies or notify you before accepting a cookie. Many Internet browsers also allow you to disable local storage or delete information contained in local storage. Each Internet browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. For information on disabling or deleting information contained in local storage, please click here. If you choose not to accept cookies and/or to disable or delete local storage, be aware that you may not be able to access and enjoy all the features of the Site. 25 Some of hi5’s advertisers may also use cookies for various reasons, including to monitor the effectiveness of their advertising. We do not have access to or control over how our advertisers use cookies . 26 If you would like more information about advertisers' use of cookies, and about your option to limit such use, please click here. 27 From time to time we may extend to you information and offers from our partner companies, including news and additional details on products and services. Your usage history may result in offer screens or products specifically tailored to you. We may also produce reports for advertisers that aggregate, in an anonymous manner, information about your and other Site users’ activity on hi5. 28 For example, we may report to advertisers the number of Members who clicked on an ad, or the number of Members that visited different portions of the Site. This information will not include your personal information, or specify your individual online usage patterns. Information That hi5 Receives From Others 29 Certain websites that are not affiliated with hi5 might place a code or other identifying user information in your browser address when you visit their websites. If you visit hi5 after you have visited one of those websites we may store this identifying information from your browser address. How hi5 Responds to Do Not Track Signals 30 At this time hi5 does not respond to Do Not Track Signals and similar mechanisms. Any such signal sent to our site automatically by a web browser will not be recognized and no action will be taken. You may exercise certain choices regarding online tracking by following the instructions in this privacy policy. You can also read more about online advertising here. 31 Third party advertisers may be collecting information about Member behavior across different websites. hi5 has no control over third parties and their collection or use of such information. You may be able to opt out of certain collection of information across browsers and by advertisers by going to the links provided in the “Clickstream Data, Cookies and Other Technology” section. Third Party Websites and Ad Servers 32 When using hi5, you may encounter links to websites that are not owned, controlled or affiliated with hi5 and/or ads delivered by third party ad servers. Please be aware that any third party websites and ad server ads that are found on hi5 may use cookies, pixel tags, local storage and similar technologies. We are not responsible for, or have any control over, the privacy policies of those third party websites and ad servers, and we encourage you to read the privacy policies of each and every website visited when linking directly from hi5. Sharing Your Content 33 hi5 allows Members to upload and share content. You own the content that you post on hi5 and, through your privacy settings, have the ability to control how it is shared. 34 For content that is covered by intellectual property rights, including but not limited to photos, videos and written compositions (“IP Content”), you specifically give us the following permission: You grant us an unconditional, non-exclusive, transferable, sublicensable, royalty-free, worldwide and perpetual license to use any IP Content that you post on or in connection with hi5 ("IP License"). 35 For example, we may make commercial use of and/or otherwise display your name and/or IP Content in or in connection with endorsements of and/or advertisements promoting hi5 and its services. This IP License ends when you delete your IP Content or terminate your hi5 account, unless your IP Content has been shared with others, and they have not deleted the content if your IP Content was incorporated into an endorsement or advertisement prior to your deletion of the IP Content. When you delete your IP Content or terminate your hi5 account, your IP Content is removed from the Site., you understand that we may maintain backup copies of the IP Content. Invitations to Join hi5 36 The Invite Friends feature is an easy way for you to invite friends through email to use and become Members of hi5. The email addresses that you supply to hi5 through this feature will be used only to send invitations, and in some cases invitation reminders, to the addressees, asking them to connect with you on hi5. When you invite a friend to use hi5 through email, your name will appear as the sender of the email from a hi5 email address. Surveys and Contests 37 At various times we may offer you the opportunity to participate in surveys and contests. Surveys may ask for your contact, demographic or unique identifying information to increase the value of the results. Contests may require your contact information or other demographic or personal information to determine eligibility. hi5 may use information collected from surveys and contests for the entertainment of Members, and to determine, identify and contact winners of various contests. In addition, your demographic and/or personal information and responses to survey and contest questions may be used by hi5 and/or shared with third parties in relation to the survey and contest to provide offers or advertisements specifically tailored to you. hi5 will not share your email address with a third party unless you specifically opt in to permit such sharing during the completion of or registration for a survey or contest. Protection of hi5 and Others 38 hi5 may disclose your personal information, clickstream data, cookies and information from other technologies if hi5 is required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. hi5 may also disclose information about you to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: (i) enforce our Terms of Service; (ii) respond to claims that any posting or other content violates the rights of third-parties; (iii) respond to your requests for customer service; or (iv) protect the rights, property, or personal safety of hi5, its Members or the general public. Security and Data Retention 39 All personal information collected by hi5 in connection with your use of the Site and described in this Privacy Policy, including without limitation your name, location, email address, photos and videos, friend connections, messages, comments, login information, IP address and other data, will be stored by hi5 indefinitely. 40 hi5 uses industry standard security measures to prevent the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by hi5 in a secure operating environment that is not available to the public, we cannot guarantee complete security. 41 Also, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information. Lastly, we cannot and do not ensure the adequacy or performance of any security measures that may be undertaken by Site advertisers or other third parties that may have access to your personal information on or through the Site. Updating or Removing Your Member Information or Opting Out 42 As a Member, you may at any time choose to correct or update the information you have submitted to us. To change or update your information: 43 Log in to your hi5 account on the Site. Click the "Account" link on the top right hand corner. Follow the instructions to change or edit any of the information there. As a Member, you also may at any time cancel your account by following the instructions set forth here: https://support.tagged.com/hc/en-us/sections/200549364-Account-Information Upon cancellation of your account, your profile will no longer display on the Site. You will receive no further communication directly from us and we will not share your personal information with third parties for marketing purposes. However, any content that you may have posted on other public pages and the profile pages of other Members will remain unless deleted by you prior to cancellation. You may still receive user generated email messages from your friends inviting you to join hi5 or information from third parties with whom your information was shared prior to such a cancellation in compliance with this privacy policy. We may maintain backup copies of your information and content indefinitely. How hi5 Communicates With You 44 If you want to hear from us more, or hear from us less, you can manage your communications preferences by logging in to the Site, going to your Account Settings page, and under the Email Preferences section checking or un-checking the applicable boxes. If you cancel your hi5 account, thereafter you will receive no further communications directly from us and we will not share your personal information with third parties for marketing purposes. 45 However, you may still receive user generated email messages from your friends inviting you to join hi5 or information from third parties with whom your information was shared prior to such cancellation in compliance with this privacy policy. No Spam Policy 46 hi5 is opposed to spam. Our No Spam Policy and Terms of Service prohibit all Members from engaging in any activity on our Site involving spam. 47 Violations of these prohibitions may result in immediate termination of service and legal action against the Member. hi5's Terms of Service expressly prohibit Members from uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial ads, or other form of commercial solicitation on the Site or through hi5's services. 48 A violation of our spam policies and/or any unauthorized use of hi5’s computer systems could result in the violation of certain federal and state laws. Change of Ownership at hi5 49 In the event of a change in ownership at hi5, we reserve the right to transfer your information to the new owner or a related company. If that ever happens, we will notify you and you may choose to modify any of your registration information at that time.50 Changes to This Privacy Policy 51 hi5 reserves the right to amend or modify this Privacy Policy and our other policies and agreements at any time and in any manner. If we make any changes to this Privacy Policy or our other policies and agreements, we will post a notice about these changes on the Site, and your continued use of the Site thereafter will signify your agreement to such changes. If we materially change how we use your personal information, we will let you know before we do so and you may choose how you want to proceed at that time. Contacting hi5 52 If you have any questions about our Privacy Policy or how to access your personal information, you can contact us by sending your request by mail to Customer Experience, hi5.com, 101A Clay St, Box #117, San Francisco, CA 94111 or by submitting your request online at Online Help. YOUR USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY. Effective Date March 19, 2015 Douban Use Agreement 1 accept the terms (Hereinafter referred to as "watercress") in accordance with the following terms of service to provide you with services. These terms may be updated at any time and are subject to change without notice. Douban use agreement (hereinafter referred to as "the use of agreement") in the event of change, Douban will be published on the page to modify the content. Once the modified use of the agreement once published on the page that is effective to replace the original use of the agreement. In addition, when you use the watercress special service, you and Douban should follow the instructions and rules related to the service at any time. All of the preceding guidelines and rules constitute part of the use agreement. Before you can use the services provided by Douban, you should read this agreement carefully. If you do not agree to the use of the agreement and / or any changes to you at any time, please immediately stop using the full service provided by the watercress network; once you use the watercress service, you are aware and fully agree with the contents of the use of the agreement , Including any changes made to the use of the agreement at any time, and become a water user (hereinafter referred to as "user"). 2 Service Description Douban currently offers the following services to users: Publish and share reviews on books, movies and music; collect books, movies, music; publish topics, diaries, upload pictures in Douban; publish or participate in various activities in the same city. Except as otherwise expressly provided in this Agreement, any new features of the Service, including new products introduced, are subject to the terms of this Agreement. You understand and agree that the Service is provided only in its current circumstances and that Douban is not responsible for any user information or personalization of the timeliness, deletion, delivery error, no storage or any other problem. Doubles reserves the right to suspend any part of the Service for maintenance, upgrades or other purposes without prior notice. 3 comply with the law You agree to abide by all the provisions of the laws and regulations of the People's Republic of China and take full responsibility for any use of your password and any use of your services and your use of the Service in any manner. If your conduct violates any of the provisions of national laws and regulations, it may constitute a crime, will be held criminally responsible, and you bear all the legal responsibility. At the same time, if Douban has reason to believe that any of your actions, including but not limited to any of your statements and other acts in violation or may violate any of the provisions of national laws and regulations, Douban may at any time without prior notice to terminate the provision of services to you. 4 your registration obligation In order to be able to use the Service, you agree to the following: Please fill in the correct registration email, password and name, and ensure the validity and legality of the updated login email, name, avatar and other information. If you provide any information that is illegal, unethical or Douban that is not suitable for display on Douban; or Douban has reason to suspect that your information is a program or malicious operation, Douban has the right to suspend or terminate your account and refuse you to The future use of the service in whole or any part. Douban is not responsible for any registration information of any user, including but not limited to identifying, verifying the authenticity, correctness, completeness, applicability and / or liability of any registered information. 5 user account, password and security After completing the registration process of this service and registering successfully, you can use your email and password to log in to your account ("account number"). It is your responsibility to protect your account security. You are responsible for all activities that use your password and account number. You agree: 1) You will be notified immediately if your Douban account has been used for unauthorized use or if any other security issues have occurred. 2) If you do not keep your account and password, resulting in any loss or damage, Douban can not and does not assume any responsibility; 3) Each user is responsible for all actions and events in his account. You will be held responsible for damage to you, Douban or a third party if you have not kept your account and password. Privacy Policy The information provided by you and the number of other information about you will be subject to the laws of China regarding privacy and the Company's Privacy Statement. 7 the responsibility of the supplier In accordance with the relevant laws and regulations, Douban hereby solemnly draws your attention to any text, information, information, music, photographs, graphics, video, information or other information (hereinafter referred to as "Content") published and uploaded via the Service, Open or private, by the content provider to take responsibility. Douban only provides users with content storage space, can not control the content transmitted through the service, so do not guarantee the correctness, completeness or quality of the content. You may be aware of the use of the Service, may be exposed to the unpleasant, inappropriate or disgusting content. In any case, Douban is not responsible for any content, but Douban has the right to legally stop the transmission of any of the foregoing and take appropriate action, including but not limited to the suspension of the user to use the service in whole or in part, save the record, and to the relevant authorities report. 8 user behavior The User agrees that it will not use the Service for any illegal or improper activities, including but not limited to the following: 1) publish or otherwise transmit information containing one of the following: · Against the basic principles established by the Constitution; · Endanger national security, divulge state secrets, subvert state power, and undermine national unity; · Damage to national honor and interest; · Incite national hatred, national discrimination, and undermine national unity; The destruction of national religious policies, the promotion of cults and feudal superstition; Spread rumors, disrupt social order and undermine social stability; The spread of obscenity, pornography, gambling, violence, murder, terror or instigation of crime; Insult or slander others and infringe upon the legitimate rights of others; Contains false, fraudulent, harmful, coercive, infringing upon others' privacy, harassment, infestation, slander, vulgarity, obscenity, or other ethically offensive content; • Contains Chinese laws, regulations, rules, regulations, and any other content that is restricted or prohibited by any legally binding specification; · Contains watercress that is not suitable for the show on the watercress; 2) in any way endanger the legitimate rights and interests of others; 3) posing as any other person or institution, or in a false or false manner, or in relation to any person or institution; 4) will be issued in accordance with any law or contract or legal relationship (such as due to employment relationships and internal information, proprietary and confidential information that is known or disclosed in a confidential contract) but is not authorized to transmit, send an e-mail or other Way to send; 5) to publish or otherwise transmit the contents of infringement of copyright, patent rights, trademark rights, trade secrets, or other exclusive rights (hereinafter referred to as "exclusive rights"); 6) to publish, send or otherwise transmit any advertising letter, promotional material, "spam", "spam", "chain letter", "direct selling" or any other form of solicitation; 7) Computer viruses designed to interfere with, destroy or restrict any computer software, hardware or communication equipment (including but not limited to trojan horses, worms, time bombs, cancelbots Referred to as "viruses") or other computer code, files and programs, to be published, sent or otherwise transmitted; 8) to interfere with or disrupt the services or services connected to the server and network, or breach of any of the provisions of the service network connection procedures, procedures, policies or norms; 9) track, human flesh search or otherwise harass others; 10) intentionally or unintentionally violating any applicable local, national law, and any legally binding rules; 11) to intercept, tamper, collect, store or delete personal information, station mail or other data, or to use such information, for any unlawful or unlawful purpose, without legal authorization. You acknowledge that Douban has not exercised full control over the user's use, and that you agree to take judgment and assume all risks when you use any content, including reliance on the correctness, completeness or usefulness of the foregoing, Watercress. But in its sole discretion, refuse and remove any content that may be provided by the Service in violation of these Terms or any other cause of Douban's resentment. You understand and agree that Douban shall be kept or disclosed in accordance with the requirements of laws and regulations or on the basis of good faith for the purpose of, or to the extent reasonably necessary, that the contents must be kept or disclosed: A) comply with legal process; B) the implementation of this agreement; C) respond to the claims of any third party; D) protect the rights, property or personal safety of Douban, its users and the public; E) other Douban that is necessary. 9 Special warnings of international use You are aware of the Internet without borders and agree to abide by all local laws and regulations regarding online conduct and content. You specifically agree to comply with all applicable laws and regulations regarding the transmission of information from China or your country or territory. 10 Public information published on Douban 1) In this Agreement, "the use of the Service Area" means the area that the general public may use; 2) The user uploads or publishes the contents of the watercress, the user shall ensure that it is a copyright owner or has obtained a legal authorization, and the content will not infringe the legitimate rights and interests of any third party, the user agrees to grant all of the above content in the global free , Irrevocable, indefinite, irrevocable, or transferable license, which will be entitled to use the foregoing in a manner that is shown, extended and otherwise prohibited by my law. 11 compensation As a result of your offer, distribution or delivery of the content through the Service, you are connected with the Service, you violate our Terms of Use, or you infringe any of the rights of any person and consequently cause any third party to make any claim or request, including reasonable solicitor Fees, you agree to indemnify and hold harmless and will be liable for any liability arising out of and in connection with the rights and obligations of Watercress and its subsidiaries, affiliates, officers, agents, co-owners or other partners and employees. 12 General measures regarding use and storage You agree not to reproduce, copy, sell, resell or use for any other commercial purpose in respect of the use or acquisition of any part of the Service or the Service. You acknowledge that the use of the Service has the right to formulate general measures and restrictions, including but not limited to the maximum number of published or other published content of the Service, and the maximum number of times you have used the Service (and The upper limit of the use time). You agree that Douban is not responsible for any information, communication materials and other content published or transmitted through the Service, such as being deleted or not stored. You also agree that Douban has the right, at its sole discretion, to change these general measures and restrictions at any time, regardless of the notice or not. 13 Service modifications Douban has the right to temporarily or permanently modify or terminate the Service (or any part thereof) at any time, and whether or not it is notified or not. You agree that any modification, suspension or termination of this Service will not be liable to you and any third party for any reason. 14 Termination of service You agree to terminate your account or use of the Service (or any part of the Service) for any reason, including, but not limited to, lack of use, or that Douban considers you to have violated the terms and conditions of this Agreement, And remove and remove any of your contents from the Service. You agree that any service provided under this Agreement shall be discontinued or terminated without prior notice and you acknowledge and agree that Douban may immediately close or delete all relevant information and documents in your account and your account and / or It is prohibited to continue to use the above documents or the service. In addition, you agree that if the use of the service is interrupted or terminated or your account and related information and documents are closed or deleted, Douban will not be responsible to you or any third party. 15 deals with advertisers and other third parties You carry out any form of communication or business dealings with advertisers and other third parties through this website, or participate in promotional activities, including payment and delivery of related goods or services, and any other relevant terms, conditions, warranties or notices For your behavior with advertisers and other third parties. You are not liable for any loss or damage of any nature whatsoever arising from any of the foregoing transactions or any of the foregoing advertisers and other third parties. 16 Doubles exclusive right You understand and agree that the Software and the Software (the "Software") used by the Service and the Service contain proprietary confidential information protected by the relevant intellectual property and other laws. You also understand and agree that the content of the sponsorship advertisements or information presented to you by the Service or the Advertiser is also protected by copyright, trademark, service mark, patent rights or other proprietary rights. You may not modify, rent, lend, sell, distribute any part or all of the Service or the Software, or make derivative works, or use unauthorized software, including but not limited to, without the express permission of Douban or the Advertiser, For the purpose of unauthorized use of the Service. Douban only grants you a personal, non-transferable and non-exclusive right to use, so that you may use the software code for your own computer, but you may not (and may not allow any third party) to reproduce, modify, create derivative works, Re-engineering, reverse translation, or otherwise discover the original code, or sell, transfer, sublicense or provide software to set the warranty, or otherwise transfer any of the software rights. You agree to use the Service through the interface provided by Douban, and not in any other way. 17 Guarantees and Warranties You understand and agree clearly: 1) Nothing in this Agreement shall be exempt from any liability for Danger's damage to your property or damage to your property for intentional or gross negligence; 2) Your use of this service is at your own risk. This service is provided on a "current" basis and "available" basis. Douban does not provide any express or implied warranties or warranties with respect to, or is not limited to, merchantability, fitness for a particular purpose and non-infringement of the rights of others; 3) Watercress does not guarantee the following: · The service will meet your requirements; · The service will be undisturbed, provided in a timely manner, safe, reliable or not error; · The use of the service to obtain the results of the correct and reliable; · Any products, services, information or other information you purchase or obtain through the Service will meet your expectations; 4) whether or not to use the service to download or obtain any information should be your own consideration and at your own risk, due to any information downloaded from your computer system caused by any damage or data loss and other consequences by your own commitment; 5) Any advice or information obtained from you or any service, whether written or oral, by the Service, unless expressly provided in this Agreement, will not constitute any warranty other than this Agreement. 18 Limitation of Liability You expressly understand and agree that, for any of the following reasons, including but not limited to profits, reputation, application, data loss or other intangible loss, Douban does not assume any direct, indirect, incidental, special, derivative or punitive liability: 1) the use of the service or can not be used; 2) the costs incurred in connection with the replacement of any goods, data, information, services, receipts received or acquired from or through the Service; 3) your transmission or data has been unauthorized access or alteration; 4) any statement or conduct made by any third party in the Service; 5) other matters relating to the Service, except as expressly provided in this Agreement; 6) Third parties publish or deliver fraudulent information in any way, or induce the user to suffer economic losses, and Douban does not assume any responsibility. 19 Douban trademark information Douban, Douban and other Douban registered trademarks, signs and products, service names, are watercress company's trademark (hereinafter referred to as "Douban mark"). You agree not to display or use or otherwise use the Douban mark in any manner without the prior written consent of Douban or that you have the right to display, use or otherwise process the Douban Mark. 20 user exclusive rights Douban respect for others intellectual property rights, called on users to respect the same intellectual property rights. The service and information of Douban are provided on the basis of "status quo" and Douban expressly disclaims any express or implied warranties with respect to "Services", "Materials" or "Products", including but not limited to, for commercial use or for For a specific purpose. Douban is not responsible for any direct, indirect, incidental or consequential damages resulting from "Service", "Data" or "Product". If you infringed upon the intellectual property rights of others, Douban will remove the specific content or terminate your use of the account in accordance with the provisions of the national laws and regulations or, where appropriate, in accordance with its terms of service or its relevant regulatory provisions The Douban respects any of the rights of others (including intellectual property), and also requires our users to respect the rights of others. In the appropriate circumstances, you have the discretion to terminate the account of the user who infringes or violates the rights of others. If you believe that the copyright of your work has been infringed or your intellectual property rights have been violated, you should contact and provide detailed evidence in accordance with the Regulations on the Protection of Information Network Transmission Rights. Please contact the National Copyright Administration of the People's Republic of China to download the "Request to delete or disconnect the contents of the link infringement of the network" (hereinafter referred to as "delete notice") model, if you do not understand the "delete notice" content, please log in the Chinese people Republic National Copyright Office View "Notice of Deleting or Disconnecting Linked Infringing Network Content". 21 movie ticket service 1) Change of movie ticket service, interruption or termination Douban is subject to change of service due to its own product, and Douban has the right to change, including but not limited to: A) Douban has the right to suspend or terminate the cooperation with the theater at any time. B) Douban has the right to adjust the service charge at any time. C) Douban has due to the theater system, the server failure and other reasons, for your exchange seats, screening or theater rights. D) Douban has the right to refund your tax refund. E) Douban has the right to change the purchase process, ticket purchase, ticket collection process. F) You agree that Douban may exercise the above changes at any time and accept the services provided after the change. 2) the principle of refund A) Douban only offers the following reasons: · You have completed your payment due to the cinema ticketing system but the order can not be generated; Due to the film caused by the film film information, screen replacement and make you can not watch the normal; · You can not watch the normal situation due to force majeure or government regulation (such as national mourning day, state ban on entertainment). B) You agree to the following non-refundable terms and conditions: · Order to receive a text message, the payment status for the "payment" shall prevail, in this case you once the purchase is successful, Douban does not accept any refund or exchange; Douban is strictly prohibited you malicious use of credit card cash behavior, once found by Douban, Douban has the right to freeze your account, and the right to notify the credit card issuer units; · You comply with the watercourse on the relevant provisions of the refund, and allow Douban to retain the right to update or change the provisions. 3) Disclaimer A) The third-party payment method you choose, in the course of payment due to your own reasons or third-party payment platform causes abnormal so that its account can not be used normally or suffered losses, Watercress is not responsible for all losses borne by you The B) Dispatch of seats under unusual circumstances due to your own reasons or reasons for the cause of the cinema or cinema ticketing system, Douban is exempt from this condition, including but not limited to: Due to the screening of theaters, theaters, the changes in the length of the seat caused by the change; · Seat change due to cinema sound effects, picture quality, film quality; · Because you did not retain their own ticket password caused by the seat exchange; · Seat replacement due to lost ticket after you have taken the ticket; · Seat replacement due to server instability caused by the cinema ticketing system provider; A seat change due to the services of the theater staff or service personnel; A seat change due to your request for a higher standard than the cinema service; 4) breach of contract compensation You agree to indemnify and hold the rights of Douban and other users, and you agree to indemnify you for all damages arising from any damages arising from your liability for any violation of the laws, regulations or any of the terms and conditions of this Agreement responsibility. 22 General terms 1) This use agreement, community guidelines and disclaimers constitute your entire agreement with Douban and regulate your use of the Service. You should also comply with the applicable terms and conditions when you use the relevant services and use the content or software provided by a third party; 2) The use of the agreement and your relationship with the watercress, are subject to the laws of the People's Republic of China jurisdiction. The dispute arising from your service, this use agreement or other related matters shall be settled first and then negotiated, and the arbitration shall be submitted to the China International Economic and Trade Arbitration Commission for arbitration. The arbitral award shall be final and binding on both parties ; 3) Douban does not exercise or enforce any rights or provisions of this Agreement, does not constitute a waiver of the foregoing rights or rights; 4) In the event that any provision of this Agreement is invalidated by conflict with the laws of the People's Republic of China, you agree that the intention of the parties to be reflected in the Act shall be determined in accordance with the law and that the other provisions of this Agreement shall remain in full force And effect; 5) The title of the use agreement is for convenience only and does not have any legal or contractual effect; 6) Douban has the final interpretation of this use agreement. Photobox Terms of Service Please read these Terms of Use ("Terms") carefully – by accessing or making any use of Photobox, you are agreeing to them. You also agree to our Privacy Policy, which sets out how we deal with Photobox users' personal information and privacy. 1. Introduction These Terms set out your rights and obligations, and those of Photobox Limited ("we" or "us"), in relation to www.photobox.com.au (the "Site"), any Photobox application that you access (the "App") and any goods or services available through, and material of any kind accessible or relating to, the Site, the App or us (the “Services”). When we refer to "Photobox" in these Terms, we mean us, the Site, the App and/or the Services, according to the context. You must take the time to read and understand these Terms before Photobox. By registering with Photobox, you accept that you are entering into a contract with us under these Terms. People who register for Photobox establish an "Account", and become "Users". Visitors to Photobox who do not become Users, but who nevertheless use the Site and/or download the App, affirm that they are bound by these Terms each time they access Photobox. You should be aware that these Terms may change from time to time in accordance with Clause 20 below. 2. Obtaining an Account and providing a Payment Method If we ask you to provide some information about yourself when you register for Photobox, you must ensure that this information is accurate and current. You may keep this information updated through your Account. Note that we are entitled to treat anything done through a User's Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account. When you place an order for a Product, you will need to supply us with details of a payment method, such as a credit or debit card, (your “Payment Method”) and other personal details so that we may process the order for you. If you elect to store a Payment Method with Photobox, that Payment Method – with some of its details masked, for security reasons – will automatically be used; you may, however, be required to provide certain information (such as, but not limited to, a CV2 card security number) in order to proceed with using that stored Payment Method. In the event that you supply or attempt to use an invalid Payment Method, or a Payment Method which has lapsed, an order made using that Payment Method will fail. If we suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time. The same person may not register more than one Account. We reserve the right to suspend or terminate any Account which we reasonably suspect of infringing this requirement. Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, PhotoBox may terminate your Account at any time without notice. You should not register as a User if you are under 13 years of age. 3. The Essentials of Photobox Photobox provides Users with the facility to upload and store digital photographic images (each an “Image”), and to access those Images through the User’s Account. All Images must meet our Image specifications, which may be changed by us from time to time. For further guidance and information on uploading Images please visit our FAQs. Photobox also offers Users the ability to order: prints of their Images; personalised products and services which bear Users’ Images on or within them; other, non-personalised, products and services, and we refer to those prints, products and services as our “Products”. As Photobox evolves and changes over time, we may add Products or remove Products from our Services. Clause 6 contains the terms of purchase for Products. It is the responsibility of Users to have sufficient web, app and device usage skills to make use of our Services. Although we incur cost in providing you with the facility to store and access your Images and other User Content with Photobox (your “Image Storage”), we don’t charge you for Image Storage. However, we reserve the right to introduce a policy under which we may withdraw your Image Storage if (a) you have not purchased a personalised Product from us through your Account at least once in any given twelve month period, (b) we have notified you by email of the fact, and of our intention to withdraw your Image Storage unless you purchase a personalised Product, and (c) you have not purchased a personalised Product from us within 30 days of that emailed notification. We will notify Users by email if and when we are to commence enforcing this policy. 4. Your Images Photobox allows you to access your Images through your Account. However, please note that: We provide Image Storage at no cost principally in order to facilitate Users’ creation and purchase of personalised Products bearing their Images Accordingly, we do not intend or invite Users to store their Images other than for those purposes We do not currently apply a fixed limit to the volume of Images which may be uploaded provided you comply with our reasonable fair use requirements Those fair use requirements would be breached by, for example: The automated or scripted uploading of Images or other User Content; The uploading of Images or other User Content on a high-frequency basis; or The inclusion of very large volumes of Images or other User Content in an individual album Should you breach our fair use requirements, we may suspend your Account, cease to provide you with Image Storage and/or delete your Images and other User Content from our systems We are entitled to introduce a policy for the removal of your Image Storage if you do not make limited purchases of personalised Products from us (see Clause 3 for details of this policy) In the course of storing your Images, we reserve the right to apply various techniques to make generally accepted improvements to the quality of the Image, such as by: Removal of “red-eye”; Brightness enhancement; and Detail enhancement We also reserve the right to make changes to Images which are intended to improve their storability, including: Compression; Size reduction and downscaling; and Format conversion, We strive to retain Images that are of sufficient quality for inclusion in personalised Products, but some loss and modification of detail may be apparent under close examination; We use reasonable commercial endeavours in our provision of Image Storage, but do not provide any guarantees as to the availability, speed of access to or reliability of the storage we provide; Images and other User Content may be deleted from your Account in various circumstances, as stated elsewhere in these Terms (including Clause 8); Our policies concerning the storage of Images and User Content may change from time to time; If an Image does not meet our specifications you may not be able to upload it and/or you may find that it is not possible to use that Image in conjunction with some or all of our Products; We have rules about User Content, and these apply to the content of Images (see Clause 5 below) (“Content Rules”); if you breach our Content Rules, we may – amongst other things – terminate your Account. And if your Account is terminated, we may delete all Images associated with that Account, so that they will no longer be accessible; and If we are notified of a claim or allegation that an Image breaches our Content Rules, we may prevent that Image being accessible through Photobox or being used in connection with Products. Note that we may send you emails which include your Images, or to create examples of personalised Products which may be of interest to you: by uploading Images, you consent to us doing these things with those Images. Photobox allows you to share your Images with others (your "Guests") by allowing them to have access to your Images. This sharing can be effected by means we make available from time to time, such as by email to Guests, by sharing on the web or through social media. By sharing Images with Guests: you undertake that you have those Guests’ consent to the sharing of your Images with them; you agree that doing so will not result in an infringement or perceived infringement of our Content Rules; and you acknowledge and agree that Guests – and others with whom they may share the Images – may: purchase Products which include those Images; submit comments about the Images; and notify us if Images infringe our Content Rules. We are not responsible for the acts or omissions of Guests. You must not share or allow access to any of your Images in return for payment or for any other commercial purpose. If you delete Images from your Account, we will promptly remove the Images from the “album” view in your Account, but the Images will not be completely erased from our systems; “deep” links which lead directly to the relevant Images may continue to provide access to those Images. Initially we will apply a grace period of at least one month before completely erasing deleted Images from our systems: this grace period is applied in case we are requested by you to recover the Images or if we are asked by a relevant third party to recover them. Once the grace period is ended, we will check if the Images are in use on our systems, as part of a personalised Product or in some other way. If the Images are in use, we will send you an email explaining that the Images are in use and how you can release them to allow them to be erased from our systems. For more information on our Image deletion policies and practices, please contact our customer services team. You are advised to keep back-ups of all of your User Content, including backup copies of Images. We do not undertake or guarantee to keep your Images and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Images or any User Content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control). If we actively decide that we are to cease hosting Images or other User Content, we will give you reasonable advance notice (of at least three months’ duration) to permit you to make alternative arrangements. 5. User Content and Content Rules Images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with Photobox are treated as "User Content" for the purposes of these Terms. Users must have the right to deal with their User Content in the manner provided by our Services. You must not upload User Content, or otherwise deal with User Content through Photobox, if you do not have the right to do so. Each User shall ensure that his/her User Content does not: infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to Photobox or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a personalised Product); infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality; contravene any applicable law (including, without limitation, any criminal law) or regulation; include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person; contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information; misrepresent the User's identity in any way or impersonate any person; include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person; contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group; harass, upset, embarrass, alarm or annoy any person; give the impression that it emanates from us, if this is not the case; advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or infringe our fair use requirements (see Clause 4 above) or otherwise interfere with the proper working of Photobox. The above are our Content Rules. Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site and App. It is possible that Images or other User Content may be accessible through our Site and App which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site or App please contact us here. We may without notice delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such Image or User Content. 6. Terms of purchase for Products A contract between a User and Photobox for the purchase of a Product is created as follows: The User places the order for a Product on the Site or App by pressing an order confirmation button at the end of the checkout process: if the Product in question includes an Image or other User Content selected by the User it is a “personalised Product”; if it is a standard Product which does not include any Image or User Content it is a “non-personalised Product” By confirming your order, you are agreeing to purchase the Product you have selected At this point, we take payment for your order by means of your nominated Payment Method. We will send to you a “Thanks for your order” email detailing your order for the Product, and other information we must provide to you. When the Product you have ordered is shipped to you, we will send you a “dispatch” email Note that Photobox may reject an order in certain circumstances, namely: Your order breaching the requirements of these Terms; The use of Images which infringe the Content Rules; The use of Images which are corrupted, unsupported technically or inadequately pixelated; The Product you order being unavailable; Our inability to obtain authorisation for your payment; or A relevant pricing or Product description error being identified. If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order. You have the right to cancel your contract for the purchase of a non-personalised Product, provided you notify us of the cancellation no longer than 14 days after the day following the day on which the Product is delivered. You must return the unused non-personalised Product to us within 14 days of notifying us of the cancellation, and must pay the cost of returning the Product to our nominated address. We will refund the purchase price you have paid for the Product and its standard delivery charges (but not any expedited, tracked or other special delivery charges you may have chosen to pay) within 14 days of its return. However, if the value of the Product has been reduced by any handling of it beyond what is necessary to check whether the Product is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you. Please follow any returns procedure for non-personalised Products which we specify from time to time. Please note that the right to cancel a contract and return Products does not apply to any personalised Products – although you do have the right to reject any Product which is faulty or not as described in our specifications. However, for orders of personalised Products made from the Site (but not through the App) we generally allow a 30 minute period during which you can amend your order. That 30 minutes runs from the appearance of the “Thank you for your order” screen on the Site at the end of the order process; if you wish to avail of this, you must click on the “Amend my order” button on that screen and complete the amendment process within the 30 minute period. 7. International use of Photobox You must ensure that you comply with the laws that apply to you and your use of Photobox, including as to User Content, the Images that may be viewed and the Products that may be bought through Photobox. That use may be prohibited or restricted in various jurisdictions. 8. Closure of Accounts You may choose to cancel your Account at any time here You may be asked to provide further proof that you are the holder of the Account. Further, we are entitled to lapse an Account if its User has not logged in to the Account for two years or more. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Images and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 9) shall not be terminated as a result. 9. Intellectual Property By uploading, posting, contributing, distributing, communicating or transmitting User Content (including Images), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through Photobox and any other interactive services through which Photobox (or a service based on Photobox) is accessible for the purpose of ,performing obligations we owe to Users and exercising rights Users grant to us, subject to and in accordance with under these Terms. The licence under this Clause 9 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. For the avoidance of doubt, the licence under this Clause 9 does not permit us commercially to exploit a User’s Images (or other User Content) by creating and selling our own products bearing the User’s Images (or other User Content) without the User’s consent. Note that we may modify User Content in order to conform it to Photobox or the requirements of a Product (such as by cropping Images). You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Photobox (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us. You may use and access Photobox and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from Photobox, or any of the material which is found on Photobox unless properly licensed to do so by us. You are not allowed to use Photobox (or to copy or use any material found on Photobox) for any commercial purpose other than to conduct the purchase of a Product from PhotoBox. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Photobox. No-one may use any robot, spider, scraper or other automated means to access Photobox for any purpose without our prior express written permission. 10. Privacy Our Privacy Policy governs all users of Photobox. By using or accessing Photobox, you give your consent to the content of that policy. If you do not wish your personal data to be handled in that way, then you must not use Photobox. Users shall not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses, without their express consent. No User shall use any information regarding other Users that is accessible through the Services except as expressly permitted by these Terms. 11. Our Role To the extent that the law permits, you release Photobox, its agents, directors, officers, shareholders and employees from all liability arising out of or in connection with any Images or other User Content. You must not assume that accessing, the import or export, or the advertising, offering, purchase or sale, of any Image, User Content or Product complies with applicable law or regulation by reason of it appearing on Photobox. We do not have any responsibility or liability for the deletion of, or any failure to store or deliver, Images or User Content. Photobox may contain links to or advertisements for other sites, services or products ("Third Party Promotions"). Third Party Promotions may contain materials which you find offensive, objectionable, unlawful or inaccurate. The sites or other destinations to which Third Party Promotions lead are governed by their own terms of use and privacy policies which will differ from these Terms. The inclusion of links to Third Party Promotions does not indicate that we endorse them and we are not responsible for examining or evaluating the content of such sites or destinations or goods or services available through them. 12. Suspension We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Photobox, (b) your use of all of part of the Services, (c) to remove from access via Photobox any User Content associated with a User or his/her Account, (d) to warn Users and other users of Photobox against interacting with a particular User, and/or (e) to take technical and legal steps to stop any Users from using Photobox if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority. 13. Contact from third parties. If anyone contacts us in relation to User Content or a transaction associated with you, then you agree: to provide all reasonable information and assistance we may require in connection with responding to that contact; and to respond promptly and accurately to it, should we pass the message to you for a response. 14. Additional services. We, our affiliates or third parties with which we contract may offer new, updated or additional services through Photobox from time to time. Your use of those services will be governed by these Terms but may also be subject to additional terms of use, which you must comply with. Provided that those terms are notified to you on Photobox in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of these Terms. 15. Operation of Photobox We reserve the right to withdraw or modify all or part of the Services or Photobox where we have legal or commercial reasons to do so. There may be times when the operation of Photobox is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by Photobox, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to Photobox or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of Photobox. For security or other reasons, we may require you to change your password or other information which facilitates access to Photobox; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information. 16. Liability We use reasonable care and skill to provide Photobox in accordance with our specifications for Photobox but: the Services are provided "as is"; and we cannot and do not guarantee that Photobox or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made through Photobox. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order in accordance with Clause 6. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise: for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, Photobox will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. The provisions of this Clause 16 shall survive the termination or expiry of these Terms. 17. Indemnity You agree to indemnify Photobox, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any: breach of these Terms by you or through your Account; or User Content associated with you or your Account. 18. Assignment We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of Photobox assign or dispose of these Terms or any of your rights and obligations under it. 19. Entire Agreement These Terms are intended to contain your entire agreement with us relating to your use of and access to Photobox; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to Photobox. 20. Changes to these Terms We reserve the right to change these Terms from time to time, and post the new version on Photobox. The new version of these Terms will take effect: commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; or immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address (www.photobox.co.uk) that you use to access, Photobox, and (ii) the refinement of provisions that are already included or referred to in these Terms. In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Photobox. For the avoidance of doubt, we will not have any liability to you in that event. 21. General If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act. 22. Law These Terms, the Services and each order and purchase of a Product shall be governed by English law. You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a Product. 23. Keeping these Terms We don't separately file the Terms entered into by Users when they register for Photobox. You can access them at here. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only. 24. Contact We are a company registered in England and Wales under registration number 03906401 under the name Photobox Limited; the address of our registered office is Unit 7,Metal Box Factory, 30 Great Guildford Street, London, SE1 0HS. Our VAT registration number is GB115138543. You can contact us by post at Unit 7,Metal Box Factory, 30 Great Guildford Street, London, SE1 0HS. We will send our notices to you by email to the email address specified in your Account. PLEASE NOTE: this is our registered company address, and should not be used for returns or customer support enquiries. Photobox Privacy Policy This privacy policy together with our terms of use sets out how PhotoBox Limited, part of the Photoways group, ("we", "our", "us") will use any personal data we collect from you, or you provide to us during your use of the on-line photo service (the "website"). For the purpose of the Data Protection Act 1998 (the Act), the data controllers are PhotoBox Limited of Bridge House, 1st Floor, 63-65 North Wharf Road, London, W2 1LA and Photoways, ZAC des Parriers, 37-39 de Beauce, 785–Sartrouville. We may from time to time use data processors, who are not employees, agents or otherwise connected with us, with whom we have an agreement to process your data ("Data Processors"). We respect the privacy of every individual who visits the website. Our policy on the collection and use of personal information is outlined below. We collect and use personal information in order to: Administer or otherwise carry out our obligations in relation to any agreement that you may have with us. Anticipate and resolve problems with your service. Carry out market research and the tracking of sales. Create and inform you of products and services provided either by us or by carefully selected third parties that you may be interested in, where you have consented to be contacted for such purposes and allow Data Processors to do the same – see Emails and Newsletters below for more information about this. In order carry out the above, we need to collect and process personal information about you (including but not limited to, your name, address, telephone number, email address, details of your visits to the website and any transactional information in relation to order fulfilment). We may ask you for this information on the website during the registration process or at any subsequent point. The data we collect may be provided to Data Processors for analysis so that we may tailor the goods, services and marketing materials we, and other third parties, offer to you (where you have consented to receive the same). In order to take advantage of some of our services, you may need to supply us with the personal details of a third party (for example, their name and address if you wish to send them some prints). We will not use this information for anything other than providing the service for which the information was supplied. We may disclose your first name and last name, to selected third parties, including but not limited to Pro-Gallery owners from whom you have purchased items. The purpose of this is so that a record may be kept by the third parties of who has purchased photo related items from them. It is a condition of your use of our services that you agree to this disclosure of your data. We will not disclose any personally identifiable information without your permission unless: We are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention of crime or fraud). You will be treated as having given your permission for disclosures referred to in this policy. We are in negotiations with a third party for the sale or purchase of any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. We, or substantially all of our assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. To enforce or apply our terms of use and other agreements; or to protect our rights, property, safety, customers, or others. Non-Personal Details We may automatically collect non-personal information about you, such as the type of browsers you use or the website from which you linked to us. This information is only used to assist us in providing an effective service on the website. We may, from time to time, supply the owners and operators of third party websites which have a link to our site with information about the number of users linking to the website from their website. You cannot be identified from any of this information. Newsletters and Service Emails We give you the option to decide what emails you receive from us. The emails we send fall into two categories: Our emails (we call them newsletters) which provide you with information about offers, new products and other things that we think may interest you or PhotoBox customers generally. You can notify us of your preferences concerning our newsletters here: www.photobox.com.au/my/account/newsletters. The emails that we send concerning activity on your Photobox account (service emails), specifically: To remind you of free PhotoBox credits that may be in your account To remind you of unordered items in your online basket To explain how PhotoBox credits that you have purchased work To remind you to use PhotoBox credits before they expire Surveys to capture your feedback on orders you have placed with PhotoBox Surveys to capture your feedback on contact with our customer service team Should you wish to, you can opt out of receiving our service emails here: https://photobox-en.custhelp.com/app/ask. While we do our best to act on your preferences as soon as we can, please be aware that it may take up to 14 days for changes to your preferences concerning newsletters or service emails to take effect. Please note that transactional emails that we send you – that is, emails that we need to send you relating directly to your orders and purchases from PhotoBox – are unaffected by your preferences for newsletters and service emails. Competitions From time to time, we may hold competitions via the website. When you enter a competition, we may ask you to tell us your name, email address, mailing address and telephone number. We will collect and use these details in accordance with the provisions of this privacy policy. Cookies When you visit PhotoBox we send cookies to your computer, or similar device, which are essential for shopping with us and useful for storing your user preferences. They also help prevent fraud by providing a way of recognising you so that only you can access your photos and personal data. We use cookies for marketing purposes too, such as tracking user trends, click through and sales figures (which we may share with branded partners), media performance and search optimisation. As cookies are so useful we don't recommend you disable them but if you really want to you can set your browser to notify you when you receive a cookie, which allows you to choose whether or not to accept it. If you do decide to disable your cookies you can click here to find out how. Category Party Purpose Functionality Our Website Photobox.com.au uses these cookies to enable some basic functionalities to provide a basic personalised experience whilst browsing, making creations and shopping on our website. Examples include remembering your login details, which products you have added to your basket, your language preferences. The information collected through these cookies is only used for this purpose and is never shared or sold on to third parties. Strictly necessary Our Website These cookies are essential as they enable you to move around a website and use its features, such as accessing the checkout. The information collected through these cookies is only used for this purpose and is never shared or sold on to third parties. Analytical/Performance Google Analytics, Euerlian Google Analytics and Eurelian use cookies to collect data that helps us understand how people are using the site and monitor any errors that users may be experiencing. We use this information to identify how and where we can improve the user experience. The data collected through these cookies is anonymous, these 3rd parties do not collect specific customer data and it is never shared with other third parties. Analytical/Performance ABTasty & Crazy Egg Photobox.com.au work with 3rd party ABtasty to test and find the optimal content and experience for our users. The cookies used by ABtasty enable us to identify which experiences visitors to our site have seen and how the content has performed for the visitor, this will allow us to ensure that future experiences can be further improved. The data collected through these cookies is anonymous, ABTasty does not collect specific customer data and is never shared with other third parties. Targeting Jumptap, Quantcast Photobox.com.au work with 3rd party agencies, Quantcast and Jumptap to display banner advertising on other selected websites. These cookies also help us to monitor and improve the effectiveness of our banner advertising and to refine the targeting of these campaigns so that we are displaying the most relevant content for each individual. The data collected through these cookies is anonymous, these 3rd parties do not collect specific customer data and it is never shared with other third parties. Targeting Facebook, Facebook Connect, Facebook Custom Audience, Facebook Social Plugins, Google Adwords, Google Adwords Conversions, Google Dynamic Remarketing, Bing, Madmetrics, Twitter Advertising, Doubleclick Google Adwords, Google Adwords Conversions, Google Dynamic Remarketing, Bing, Madmetrics, All Facebook Tags, Twitter Advertising and Doubleclick use cookies to track our own paid advertising activity. We use the information collected by these cookies to help us determine where our ads will be most effective online. Each individual advertiser uses its own tracking cookies and the data taken is not confidential data or interchangeable. Targeting Awin, Trialpay, Linking Mobile Cookies are used by 3rd parties Awin, Trialpay and Linking Mobile enabling Photobox.ie to meet contractual obligations to make payments to them when they introduce a new customer to PhotoBox.ie. The data collected through these cookies is anonymous, these 3rd parties do not collect specific customer data and it is never shared with other third parties. Targeting Adroll, Criteo Photobox.com.au works with 3rd party agency Adroll and Criteo to display banner advertising on other selected websites based on pages already viewed on photobox.co.uk. These cookies help us to monitor and improve the effectiveness of our banner advertising and to refine the targeting of these campaigns so that we are displaying the most relevant content for each individual. The data collected through these cookies is anonymous, these 3rd parties do not collect specific customer data and it is never shared with other third parties. What happens if I disable cookies? This depends on which cookies you disable, but in general our Site will not operate properly if cookies are off. In particular, note that you may be prevented from making purchases of Products if cookies are disabled. Updates to this policy This Privacy Policy was last updated on 17th March 2016 Please check back regularly to keep informed of changes to this Policy. Accuracy We aim to keep our records as accurate as possible. If you would like to review or change the details that you have supplied us with at any time you can either amend your details directly by going to the 'My Details' section of your homepage of the website, or by contacting us using the details below. Security The technology that we use and the policies that we have implemented are intended to safeguard your privacy from unauthorised access and improper use. We will continue to update these measures as new technology becomes available. Your Rights You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes, or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data, or by going to the 'My Preferences' area of the 'My Details' section of your homepage of the website. You can also exercise the right at any time by contacting us. Access to Information The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of $10 to meet our costs in providing you with details of the information we hold about you. Links Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. Zazzle User Agreement Acceptance of Terms ZAZZLE INC. ("ZAZZLE") PROVIDES ITS WEBSITE AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ZAZZLE CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND ZAZZLE MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT USER_AGREEMENT@ZAZZLE.COM. If your material including but not limited to text, data, photographs, graphics, stitch files, images, information, audio clips, and all digital data or any combination of these elements ("Content") is uploaded as a design for products available to other users on the Site, you grant the additional rights set forth in the Non-Exclusive License Agreement that is incorporated herein by this reference. Your participation in Zazzle's Associates Program is also governed by the terms and conditions of the Associates Agreement that is incorporated by this reference herein. If you act as an Associate or a Seller (as both terms are defined in the Non-Exclusive License Agreement) in accordance with either the Non-Exclusive License Agreement or the Associates Agreement, then the Volume Bonus Program Terms that are incorporated by this reference herein also apply. In addition, when you use any of our services, you will be subject to our Privacy Policy, Shipping and Returns Policy and Zazzle Black Shipping Program, as applicable and they are incorporated into this Agreement by this reference. User Account, Password, and Security To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer. You agree to (a) immediately notify Zazzle of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Zazzle cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. User Conduct In using this Site, you agree to not: upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or designs that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances; upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation; upload, download, post, email or otherwise transmit 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; upload, download, post, email or otherwise transmit false or misleading information; disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution; disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites; frame the Site within another Site or webpage or link to the Site except as permitted in writing by Zazzle; incorporate images or names that would violate a person's right of privacy or publicity; or incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness (for Zazzle Custom Stamps); use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; transfer your Zazzle account to another party without Zazzle's written consent; copy, modify or distribute rights or Content from the Site, service or tools or Zazzle's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent. You acknowledge that Zazzle does not pre-screen submitted Content, but that Zazzle and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that Zazzle may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Zazzle does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Zazzle expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, Zazzle and its designees shall have the right to remove, without prior notice, any Content that violates the Agreement or is otherwise objectionable to Zazzle. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Zazzle nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Zazzle's production of any product depicting your Content does not indicate that Zazzle approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content. You acknowledge and agree that Zazzle may preserve or store your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation, storage or disclosure is reasonably necessary and as set forth in our Privacy Policy. You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices. You agree that you are responsible for actions and communications undertaken under your account. Zazzle takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Zazzle and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Zazzle and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement. You agree that you will use this Site and any products and Zazzle Custom Stamps, ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity. Privacy Policy Your privacy is very important to Zazzle. Users of this Site should refer to our Privacy Policy for information about how Zazzle collects and uses personal information. By accepting this Agreement you expressly consent to Zazzle's disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference. Trademarks and Copyrights Zazzle's trademarks, trade dress and product images may not be used in connection with any product or service that does not belong to Zazzle, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zazzle. All other trademarks not owned by Zazzle that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zazzle. Proprietary Rights You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Zazzle, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of Zazzle or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws. You retain all ownership rights to your Content submitted to the Site. By submitting Content to Zazzle, you grant Zazzle a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content. You acknowledge that we may use your Content in any manner we think fit, even if that use would, but for this clause, be contrary to your moral rights under the Copyright Act 1968 (Cth). Specifically, you consent to Zazzle, its licensees or a customer: doing any act or thing in respect of your Design, including making any modification, alteration or other change; and not attributing your name as author or creator of the Design. You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, Zazzle grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. Zazzle grants you a non-exclusive, revocable and limited license to use the Content and Zazzle's tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the Zazzle website. We reserve the right to terminate this license at any time. The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Zazzle (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Zazzle upon their submission or communication to Zazzle, and you do assign all rights therein to Zazzle and agree that the same will automatically become the property of Zazzle and that Zazzle may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Zazzle may elect, forever. Intellectual Property Policy If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Zazzle's Copyright Agent, and provide the following information ("Notice"): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest; a description of the copyrighted work and/or trademark claimed to have been infringed; a description of where the claimed infringing Content is located on our Site; your 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 copyright/trademark 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 authorized to act on behalf of the owner of the copyright/trademark interest involved. Please note that this procedure is exclusively for notifying Zazzle that your trademark or copyrighted material has been infringed. Zazzle's Copyright Agent can be reached at: copyright@zazzle.com.au or by telephone at: +1-408-983-2800. WARRANTY YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU. Indemnity You agree to defend, indemnify and hold Zazzle and Zazzle's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) the Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party. No Resale Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Zazzle 's express written consent. Termination You agree that Zazzle, in its sole discretion, may terminate this agreement including but not limited to termination of your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Zazzle may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Zazzle may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Zazzle shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. Links The Site may provide, or third parties may provide, links to other websites or resources. Because Zazzle has no control of such sites and resources, you acknowledge and agree that Zazzle is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Zazzle is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Public Reputation You acknowledge and agree that you will not use any Product ordered from the Site in a way that would be damaging to Zazzle's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product including custom postage ordered from Zazzle, in a public setting, including on the Internet, in a way which disparages Zazzle, Zazzle's board members, employees, shareholders or partners, or the United States Postal Service, Zazzle reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law, and, in the case of Zazzle Custom Stamps, to invalidate your Zazzle Custom Stamps via cancellation of the bar code. If Zazzle Custom Stamps are invalidated, Zazzle's sole and exclusive obligation and your sole and exclusive remedy, if any, shall be a full refund of all fees paid by you. Pricing, Shipping, and Terms of Sale Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at Zazzle's discretion. Zazzle may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by Zazzle. Title and risk of loss for all products ordered by you shall pass to you on Zazzle's shipment to the shipping carrier. Purchases are subject to Zazzle's Shipping and Return Policy. Zazzle reserves the right to cancel any order for any product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled. Earnings If you participate as a Seller or Associate (as both terms are defined in the Non-Exclusive License Agreement), Zazzle will pay accrued earnings in accordance with the following section. Payments for royalties, referral fees, volume bonus and any other compensation owed to you (collectively hereinafter referred to as "Earnings") will be made within 45 days of the end of the month subject to the following: Zazzle maintains a statement of your Earnings. You may check your statement in the "MyAccount" section of your account. Zazzle will pay your Earnings in accordance with the selections you make in the "Payment Settings" page in ‘MyAccount" and Zazzle makes the following options available: payment as soon as you have reached the Payment Thresholds (as defined below) set by Zazzle from time-to-time; or have your Earnings held in your account until you choose to have your payment made (after reaching the Payment Threshold set by Zazzle); or hold your Earnings in your account to apply toward a purchase on the Site. On the Payment Settings page in, you may also choose your method of payment (for example, check or PayPal). Zazzle, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances. With respect to referral fees, if Products that generated a referral fee are returned by the customer, we will deduct the corresponding referral fee from your next payment. If there is no subsequent payment, we may send you a bill for the fee, which bill must be paid upon receipt. Payments that are made using PayPal will be charged a $2.50 processing fee, if your Earnings are less than the Payment Threshold. Payment Thresholds mean $100 for payments by check and $50 for payments using PayPal. The Payment Thresholds are subject to change at any time or from time- to-time, in our sole and absolute discretion. You will be notified of any change in the Payment Thresholds. You may request payment of your Earnings even if you have not met the Payment Thresholds, subject to payment of the following processing fees: $5.00 for any check under $100; or $2.50 for any PayPal transaction under $50. Payment will be made within 45 days (collectively "Processing Fees). If Zazzle owes you any compensation as of June 30th each year, then Zazzle may send you payment of such accrued Earnings (generally on or about August 15th for the 12-month period ending June 30th) even if you have not reached the Payment Thresholds or have chosen to have your payment held. Such annual payments will be subject to the Processing Fees set forth above. If your Earnings are less than the applicable Processing Fee, you will not receive a payment. Zazzle will withhold taxes from international payments that are due if sellers do not provide us with relevant documentation such as the W8-BEN form. In the event that a check sent to the address listed as the payee address in your account is returned as undeliverable, Zazzle may withhold further payments until you have corrected or updated your address. Product Descriptions Zazzle attempts to be as accurate as possible to provide a compelling user experience. There are many sellers on the Site and Zazzle does not verify the accuracy of their product descriptions. Zazzle does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Zazzle is not as described, your sole remedy is to return it pursuant to Zazzle's Shipping and Return Policy. Zazzle prides itself on its relationships with charitable organizations and is pleased that its platform has proven to be an effective fundraising tool for many organizations. From time-to-time, Zazzle participates in specific programs designed to assist charitable organizations to raise funds for their causes. Whenever Zazzle announces these fundraising efforts, you can be assured that Zazzle will ensure that funds will be remitted to the charitable organization as disclosed in such announcements. From time-to-time, Sellers may state they intend to donate their royalties or other sums to charities. Zazzle is unable to verify such statements, so please use caution when relying on them. New Programs Zazzle may introduce programs, features and products. At the time of release, Zazzle will publish the governing terms and conditions. You agree that you will be subject to such new terms and conditions to the extent that you participate in such new programs or use such new products. Age and Geographic Restrictions You must be at least 18 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction. Zazzle only accepts orders for Zazzle Custom Stamps that are shipped to locations within the United States of America and its territories. International Access This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. You agree that Zazzle can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations. Correction of Errors and Inaccuracies The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our partners, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you . If we have overcharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product. Reviews, Comments and Submissions Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason. DISCLAIMER OF WARRANTIES YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZAZZLE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZAZZLE DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR (E) THAT THERE WILL NOT BE ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,OR (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. YOU AGREE THAT ZAZZLE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT ZAZZLE DOES NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ZAZZLE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ZAZZLE MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZAZZLE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL ZAZZLE OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ZAZZLE OR RELATED SERVICES 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 ZAZZLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE EXCLUSION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING FROM ZAZZLE'S NEGLIGENCE. YOU SPECIFICALLY ACKNOWLEDGE THAT ZAZZLE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Promotions In addition to the terms and conditions in this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions in this Agreement. We ask you to please review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such program/promotion shall control. Dispute Resolution and Release These terms and conditions and your relationship with Zazzle shall be governed by and construed in accordance with the laws of the state of California, without resort to its conflict of law provisions. Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential binding arbitration in the City of San Mateo, Northern California for the maximum judgment enforceable, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under this Agreement shall be conducted pursuant to the existing Commercial Arbitration Rules at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration we each waive any right to a jury trial. You and Zazzle agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, Northern California. If you have a dispute with one or more users or sellers you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Severability If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired. Zazzle Embroidery If you are using Zazzle Embroidery, your use of this Site is also subject to the terms and conditions set forth in this Section. You agree to follow the restrictions below in order to purchase items through Zazzle Embroidery or to create any public Zazzle Embroidery products for sale in the Zazzle marketplace. If you want your Content to be embroidered on a product and you do not upload the stitch file to this Site, Zazzle will calculate the price to convert your Content to a stitch file and notify you of the price. For the stated fees, you can then order the stitch file and create a product with the stitch file. If you create a public embroidery product for sale in the marketplace, the product will be published on the Site at the time the stitch file is completed (typically within 24-48 hours but it may be longer). Conversion of your Content to a stitch file is subject to a one-time stitch file conversion fee except that you must pay an additional one time stitch file conversion fee for any resizing of the stitch file. Zazzle Custom Stamps If you are using Zazzle Custom Stamps, your use of this Site is also subject to the terms and conditions set forth in this Section. You agree to follow the restrictions below in order to purchase Zazzle Custom Stamps or to create any public Zazzle Custom Stamps for sale in the Zazzle marketplace and to follow all laws and regulations applicable to United States postage. You will not assert or suggest in any way that any Zazzle Custom Stamps created by you or any other user has been approved by us or by any other person or entity. In designing or creating any Zazzle Custom Stamps customized postage, you will not use any Content or design element that Zazzle, in its sole judgment and discretion, believes would be controversial or offensive, would subject Zazzle to legal liability, or would cause damage to Zazzle's public reputation or business. You acknowledge and agree that Zazzle may terminate the Zazzle Custom Stamps service at any time. Any information or Content that you provide through Zazzle Custom Stamps may be provided to Zazzle's licensors and to the United States Postal Service for postage verification purposes. You acknowledge, agree, and warrant you understand that the Content and design elements of your Zazzle Custom Stamps are not approved or endorsed in any way by the United States Postal Service, and that you will not make promotional references to Zazzle Custom Stamps as "stamps" or "Custom Postage." Zazzle Custom Stamps are valid postage for mailing, but the images are not reviewed or approved by the United States Postal Service. Therefore, you agree to not make any representations which could cause a reasonable person to believe that the Content and design elements included in your Zazzle Custom Stamps are provided, approved, or endorsed by the United States Postal Service. If Zazzle finds that a postage design in your order is inappropriate, Zazzle will send you an email to notify you that your design has been rejected and that your order has been cancelled. Your design will be deleted from your "Private Products" section, but any images used in the design will remain in your "Image Gallery" for your future use. A special note about Zazzle Custom Stamps for Business: Zazzle Custom Stamps for Business are a great way for businesses large and small to grow their brand and communicate with customers in a creative and brand conscious manner. Business logos, website addresses, or company names and addresses are all appropriate material for Zazzle Custom Stamps for Businesses. Promotional messaging is not appropriate and not permitted for Zazzle Custom Stamps for Business, and will not be approved for printing. Examples of promotional messaging include "Buy one, get one free" or "10% off sale" or other similar announcement messaging, including specific pricing information for a product for sale. It is also inappropriate and not permitted to use Zazzle Custom Stamps for Business as a coupon. Examples of coupon messages are "One free with this ZazzleCustomStamp" or "Present this ZazzleCustomStamp for 10% off". In addition, Zazzle Custom Stamps for Business are not available for advertising related to the following industries: Alcohol and Tobacco; Gambling; Any industry related to human sexual activity, or products, services or entertainment directed to sexual stimulation. If you have any questions about these Zazzle Custom Stamp guidelines, please don't hesitate to contact Zazzle. We are happy to answer any questions you may have, and are available to provide guidance and support as you create your special products. Our Community Our community is the most important part of Zazzle. All registered members are part of our community and we value everyone. Zazzle has established multiple ways for members to interact with one another on the Site, including but not limited to forums, our blog and other social media channels. Please remember that these are public spaces, so use common sense when sharing personal information. Zazzle's role is to facilitate open discussion and support our community through constructive communication. We have some general rules for community conduct, and some spaces have additional rules. Treat one another with respect. There is a real person behind each name. Harassing, insulting, embarrassing or abusing other members is unacceptable. The community spaces are not the appropriate channel to express disputes with others. Specific transactions and/or feedback should not be discussed in public community spaces. Instead, contact Zazzle privately if you need help with a transaction. Do not publicly post another person's private information without their explicit consent (for example: email, conversations, letters, phone numbers, addresses or full names). Violating community policies may result in suspension or termination of certain privileges including account termination. General No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Zazzle may assign its rights and responsibilities hereunder without notice to you. These terms and conditions will inure to the benefit of Zazzle's successors, assigns and licensees. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Zazzle's failure to act with respect to a breach by you or others does not waive Zazzle's right to act with respect to subsequent or similar breaches. This Agreement, together with the Nonexclusive License Agreement, the Associates Agreement, the Privacy Policy, the Shipping and Returns Policy and the Volume Bonus Agreement constitute the entire agreement between you and Zazzle, and supersedes all other communications, written or oral, with regard to the subject matter herein, the Site and services provided by Zazzle. These terms and conditions may not be modified by you. The following Sections survive any termination of this Agreement: Intellectual Property Policy, Proprietary Rights, Pricing, Shipping and Terms of Sale, Disclaimer of Warranties, Limitation of Liability, Indemnity, Release and General. Zazzle will attempt to notify you when major changes are made to this User Agreement but you should periodically review the most up-to-date version at www.zazzle.com.au/useragreement. Zazzle may, in its sole discretion, modify or revise these Terms and the associated policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits. Zazzle does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Zazzle's control. You agree that Zazzle is a platform and as such is not responsible or liable for any Content. You use the Site at your own risk. Zazzle Privacy Policy Thanks for using https://www.zazzle.com/ ("Site"). At Zazzle Inc. ("Zazzle"), we are committed to protecting your privacy. We have created this privacy policy ("Privacy Policy") to make sure you know what information we collect and how we use it. By using the Site, you expressly consent to the collection, storage, disclosure and use of your information as we have outlined in this Privacy Policy and you agree to the terms and conditions of this Privacy Policy. We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we make any changes to this Privacy Policy, we will notify you in accordance with our User Agreement. If we make any material changes we will notify you by email or by means of a notice on this Site prior to the change becoming effective. In addition, if we make material changes to how we use Personal Information collected from children under age 13, we will notify parents by email in order to obtain verifiable parental consent for the new uses of the child's Personal Information. We also encourage you to check back, from time to time, and review this Privacy Policy so that you always will know what personally identifiable information we collect, how we use it, and to whom we disclose it. Your continued use of the Site will be subject to the then current Privacy Policy. Zazzle has received TRUSTe's Privacy and Children's Privacy Seal, signifying that this Privacy Policy and our practices have been reviewed for compliance with the TRUSTe program, which is viewable on the validation page available by clicking the TRUSTe seal. The TRUSTe program covers only information that is collected through this Site, https://www.zazzle.com/ and other foreign language versions of the Site. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. EU — U.S. Privacy Shield Zazzle, Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Information about the Privacy Shield Framework can be found at the U.S. Department of Commerce's Privacy Shield List. https://www.privacyshield.gov/list Zazzle, Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions. Zazzle, Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission regarding personal data received or transferred pursuant to the Privacy Shield Framework. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our third party dispute resolution provider, JAMS. More information can be found here. If JAMS does not resolve the matter, you may be able to invoke binding arbitration when other dispute resolution procedures have been exhausted. For more information: Privacy Shield website. But first, a note about uploading and posting information on the Site: At the time you register for a Zazzle account, you will choose and provide us with an email address and password. When you upload a design, post a comment or message on the Site, provide information in connection with features such as fan clubs, wish lists, forums, member profiles, reviews and recommendation your user name may be visible to other users. Additionally, if yours or your child's comment or message contains personally identifiable information and is posted by you in a page that is accessible to the public, third parties may make note of the information and you or your child may receive unsolicited messages from other parties as a result. Any content or information you upload that is visible to third parties may be read, collected, and used by others who access them. Our blog is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third party application if you want the personal information that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy. Always use care when you post such information. What information do we collect? Information provided by you: You may provide us with certain personally identifiable information when you: register for a Zazzle account; order products or gift certificates; request customer support or send us any other communication; sign up for newsletters, email alerts, and special offers; enter sweepstakes or contests; sign up for, or redeem, special offers; respond to surveys; use our Email-to-a-Friend or Refer-A-Friend features; and approve your child's request to open a Zazzle account in accordance with The Children's Online Privacy Protection Act of 1998 (COPPA). Such information may include your name, email address, billing address, shipping address, and credit card number. You may also provide us with information about other people, such as their email addresses, if you email a product to a friend or refer a friend to the Site or our promotions. If you are under 13, we will collect your email address, password and age. Once you have selected "under 13," we will then ask for your parent's/guardians email address so that we may send them a notice and ask for their permission for you to use the Site. Information collected by Cookies: Zazzle uses cookies on the Site to improve the quality of our Site and services to you. A cookie is a small text file on your computer which a website sends to your computer to allow the website to store information which uniquely identifies our users. Zazzle's cookies do not collect or store personally identifiable information. Rather, the cookie stores a token which uniquely identifies a particular user at a particular time. That token is then linked to the user information in our secured databases. You can always delete the cookies and reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Site features and functionality may not be available to you and you may not be able to take advantage of all the features on the Site. We may work with other companies who place cookies or web beacons on our Site. We do not have access or control over these cookies. These companies help operate our websites and provide you with additional products and services. They are subject to confidentiality agreements with Zazzle and other legal restrictions. Zazzle does not permit any of these companies to collect personally identifiable information using cookies or web beacons on our websites. Certain functionalities related to the provision of additional products and services require marketers to share website usage information about visitors to the Site, who have received a targeted promotional campaign, with a reputable third-party advertising company for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. To this end, Zazzle's third-party advertising company makes a note of some of the pages you visit on the Site through the use of pixel tags. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking Here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads. Information collected by Web Beacons and Log Files: Zazzle collects certain non-personally identifiable information through the use of web beacons and log files. Such information may include your IP address, browser type, Site usage, and whether you opened emails you received from us. Information collected through Product Reviews: You may choose to submit a product review. If you post a review, we may ask for certain information to validate your review such as email address, photo, and your city/state/country of residence. If you submit a review, we may publish your geographic location or other anonymous information but your email address will be kept private. Additionally, any personally identifiable information that you submit as part of the review can be read or used by other visitors to the Site. We are not responsible for any personally identifiable information that you choose to submit as part of your review. We believe you can post a helpful review without disclosing any personally identifiable information. If you wish to update or delete your testimonial, you can contact us at privacy@zazzle.com. How do we secure your information? When you place orders or access your account information, we use commercially reasonable and generally-accepted technological safeguards to secure any information we collect about you. The secure server software ("SSL") we use encrypts all information you input before it is sent to us. In addition, your Zazzle account information is password-protected for your privacy and security. You should always take steps to protect the confidentiality of the password you select. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer. We operate internationally and many of our computer systems are currently based in the United States. As a result, your personal data will be processed by us in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create a user account with us, you agree to this Privacy Policy and you consent to the transfer of all information you provide to us in the United States. You may also choose not to provide us with certain information, but that may result in you being unable to use certain features of our Site because such information may be required in order for you to: register as a member; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Site. We work very hard to protect your privacy, but we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. While we use industry-standard precautions to safeguard your personally identifiable information, we cannot guarantee complete security. If you have any questions about security on our Site, you can contact us at privacy@zazzle.com. How do we use your information? We use the personally identifiable information you provide to: provide the features and functionality of the Site; fulfill your requests for our products and services; pay earnings; communicate with you about the status of your orders and other inquiries about our products and services; send you information about our products and services; for our internal business purposes, such as data analysis, audits and so forth; help us create content that is most relevant to you; and provide notices about the results of sweepstakes, contest, and other promotions. We use your email address to communicate with you about your account and to send you certain notification emails. You can change the frequency of those emails in your Zazzle account settings. When you purchase products from the Site, we may use your email address or other personally identifiable information to send marketing messages and notifications from time-to-time whether or not you created an account with us. You may unsubscribe or change the frequency of email notifications on the Account Settings page in "MyAccount." If you email a product to a friend or refer a friend to the Site or our promotions, we will use your friend's email to send them the e-mail you requested. Your friend's e-mail addresses will only be used for this purpose unless permission is otherwise granted. Zazzle does not store this information. Your friend may contact us at privacy@zazzle.com to request that we remove this information from our database. We use non-personally identifiable information to monitor the use and performance of the Site so that we can learn more about how people use the Site which helps us improve our products and services and significantly enhance your experience on our Site. Does Zazzle disclose the information it collects to outside parties? We will share your personally identifiable information with third parties only in the ways that are described in this Privacy Policy. We do not sell your personally identifiable information to third parties. Generally, Zazzle does not share personally identifiable information about you with other people or nonaffiliated companies without your consent except that: Zazzle provides information to its agents and trusted service providers and contractors for limited purposes, such as fulfilling customer orders and processing credit card transactions; offering certain products and services; communicating with customers; providing customer service; managing information on our behalf; and enhancing the Site features and functionality. In such cases, we require that these parties agree to use the information solely for the purpose for which we provided it to them and in accordance with our Privacy Policy. If you sign up for a promotion (e.g., a contest or sweepstakes offer) or enroll in a service we offer in partnership with a third party, we may provide information (such as your name, email address, and account activity) to such third parties. Zazzle provides its sellers with the first name and city/state/country of residence of Zazzle customers who have purchased such seller's products. Zazzle may also release information (including your name, addresses, telephone number, and account activity) when we, in our sole discretion believe that such release is necessary or appropriate to: comply with law; comply with subpoenas, warrants, court orders, government investigations, or other legal process; enforce or apply the terms of any of our user or license agreements; investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity investigate fraud or similar claims; protect the rights, property or safety of Zazzle, our users, or others. to protect our operations; or to permit us to pursue available remedies or limit the damages that we may sustain. Additionally, Zazzle releases certain information, including personally identifiable information, to report the sale of custom postage to the United States Postal Service ("USPS"). As part of our relationship with the USPS, we collect and may disclose information about purchasers of our Zazzle Custom Stamps products to the USPS at the request of USPS. To learn more about the USPS's privacy policy, please visit the Privacy Policy. In the event that Zazzle is acquired by or merges with another company, Zazzle reserves the right to transfer all information we have collected from our users, in connection with such acquisition or merger. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personally identifiable information, as well as any choices you may have regarding your personally identifiable information. Zazzle may disclose non-personally-identifiable information to third parties in aggregate form or to potential business partners and investors. Parents have the right to consent to the collection and use of their child's personal information without also consenting to the disclosure of such information to third parties, as we will not share your child's information with third parties. Zazzle will obtain assurances from its agents that they will only process the data for the limited and specified purposes consistent with the consent provided by the individual and will safeguard personal information consistently with this Policy. The assurance may include: a contract binding the agent to provide at least the same level of protection as is required by the relevant Privacy Shield Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), or Privacy Shield certification by the agent. Advertising Zazzle may use third party service providers to place ads on our behalf across the internet and sometimes on the Site. They may collect anonymous information about yours or your child's visits to our Site, and yours or your child's interaction with our products and services. They may also use information about yours or your child's visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a web beacon, which is industry standard technology used by most major sites. If you would like more information about this practice and to know your choices about not having this anonymous information about you or your child used by our third party service providers, please contact us at privacy@zazzle.com. You may opt-out by clicking here. Parents may also opt their child out by contacting us at the email address listed above. Name of Third Party Partner What info is shared with or collected by this partner Partner's purpose Link to Partner's privacy policy Google Adservices Anonymous order information, IP, and URL clickstream Ad network google.com/intl/en/policies/privacy/ Doubleclick Anonymous order information, IP, and URL clickstream Ad network .google.com/intl/en/policies/privacy/ Google-analytics Anonymous IP, URL clickstream related to viewing specific designer's products and stores. Analytics .google.com/intl/en/policies/privacy/ Facebook Anonymous order information, IP, and URL clickstream Social/sharing tools .facebook.com/privacy/explanation Criteo Anonymous click stream and order information (Ad Views, Analytics, Browser Information, Hardware/Software Type, Interaction Data, Page Views), IP Address, Device ID Retargeting ads criteo.com/privacy Omniture Anonymous order information (Ad Views, Analytics, Browser Information, Hardware/Software Type, Interaction Data, Page Views), IP Address, Device ID Analytics omniture.com/privacy BlueHornet Email (as provided to Zazzle by customers) and location information (by zip code) Email marketing bluehornet.com/privacy If you have any inquiries regarding our partner's privacy practices or how they use your child's personal information, please contact us directly at privacy@zazzle.com In addition, Zazzle is a dynamic marketplace with a great number of branded products and content. We will offer our users the opportunity to opt-in to receive from our partners emails, notifications of promotions and the like offered by such partners. You have the right to decline to opt-in to take advantage of this service. Social Media Features and Widgets Our Site includes social media features, such as the Facebook Like button, and widgets, such as the "ShareThis" button or interactive mini-programs that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it. Facebook Connect or other OpenID provider You can log in to our Site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Site to your profile page to share with others within your network. Does this Privacy Policy apply when I access third party websites? You may be able to access third party websites directly from the Site. However, this Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use personally identifiable information you disclose to them, so you should carefully review the privacy policy of any third party website you visit before using it or disclosing your personally identifiable information to its provider. What about children's privacy? Children under the age of 13 are allowed to upload graphics and images and to order products on a parent's account. In addition, in order to generate custom postage, we must collect and record the following information: the date and time of the custom postage order, a unique order i.d., the amount of postage ordered in the transaction, and the zip code of the recipient of the custom postage. This information is used to: fulfill the requested order; confirm shipment; complete record keeping including royalty entitlements and other earnings, if any; allow users to comment on our blog or send messages; send monthly newsletters; allow users to upload a photo to their profile that may be publicly available to other users of the Site; report the sale of Zazzle Custom Stamps to the United States Postal Service, and advise the child concerning new Zazzle products, services or policies. If you no longer wish to allow your child to receive monthly newsletters, you or your child may login to your child's account and uncheck the box, alternatively you or your child may follow the unsubscribe instructions located at the bottom of each newsletter. Parents of children under the age of 13 have the option to consent to the collection of this information from their children or not. Such consent will not be used as consent for the dissemination of any of this information and the information will not be released by Zazzle to third parties without the parents' consent except as may be required by law or upon court order. Personally identifiable information at Zazzle is kept confidential and is disclosed only with the consent of the Zazzle user or as set forth in this Privacy Policy. We do not engage in the selling of information regarding the habits, behavior, buying patterns, or demographic information of our users. If you wish to review personal information that was collected from your child, have that personal information deleted or refuse further collection and use of that information, , you may send a request to Zazzle Customer Support. Contact us by sending an email with 'Parental Notification' in the subject line. Alternatively, you may contact the Zazzle Child Privacy Representative by phone, email, or letter at: Zazzle Inc. Attn: Privacy 1800 Seaport Blvd Redwood City, CA 94063 coppa@zazzle.com 1(800)980-9890 How can I change, delete, or update my information? Most of your account information can be changed in the "MyAccount" section of the Site. If you have any questions about what information is stored or would like to obtain a copy of such information, please contact us at privacy@zazzle.com or Privacy c/o Zazzle Inc., 1800 Seaport Blvd., Redwood City, CA 94063. After receiving proof of your identity, we will provide the information to you, and you may request that we delete or change any or all of the information. We will respond to your request to access within thirty (30) days. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. The current version of the Zazzle Privacy Policy was adopted effective as of September 29, 2016. Terms and Conditions For kahoot.com (prev. getkahoot.com), create.kahoot.it, play.kahoot.it and kahoot.it, all operated by Kahoot! AS, as well as for software applications made available by us for use through mobile devices. Last updated: June 27th, 2o17 Introduction Welcome to kahoot.com (prev. getkahoot.com). These Terms and Conditions are applicable to websites (including kahoot.com, create.kahoot.it, play.kahoot.it and kahoot.it) and software applications (‘apps’), all owned and operated by Kahoot! AS and from or in connection with which you are accessing this document. We refer to such websites and apps in this agreement as the “Services.” By visiting the Services and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’). This agreement is in effect as of June 21st, 2017. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. Responsible Use and Conduct By visiting our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that: a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. g. We may provide various open communication tools on our Services, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Services, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; iii. Contains any type of unauthorized or unsolicited advertising; iiii. Impersonates any person or entity, including any Kahoot! AS employees or representatives. We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. h. We do not assume any liability for any content posted by you or any other 3rd party users of our Services. However, any content posted by you using any open communication tools on our Services, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Kahoot! AS, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. i. You agree to indemnify and hold harmless Kahoot! AS and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. Limitation of Warranties By using our Services, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that: i) the use of our Resources will meet your needs or requirements. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors. iii) the information obtained by using our Resources will be accurate or reliable, and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that: v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Kahoot! AS or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement. This website is controlled by Kahoot! AS from our offices located in Oslo, Norway. It can be accessed by most countries around the world. Limitation of Liability In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Kahoot! AS will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. Copyrights/Trademarks All content and materials available on the Services, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Kahoot! AS, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Services is strictly prohibited, unless specifically authorized by Kahoot! AS. Termination of Use You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Services and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. Governing Law The Services are controlled by Kahoot! AS from our offices located in Oslo, Norway. They can be accessed by most countries around the world. As each country has laws that may differ from those of Norway, by accessing our Services, you agree that the statutes and laws of Norway, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services. Furthermore, any action to enforce this User Agreement shall be brought in the courts located in Oslo (Oslo tingrett), Norway. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Guarantee UNLESS OTHERWISE EXPRESSED, Kahoot! AS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Terms Required by Apple In addition to the sections above, and notwithstanding anything to the contrary in this User Agreement, this section applies with respect to your use of any version of our app compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this User Agreement and does not own and is not responsible for the app. Apple is not providing any warranty for the app except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the app and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the app, including any third-party product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the app, including those pertaining to intellectual property rights, must be directed to Kahoot AS. The license you have been granted in this User Agreement is limited to a non-transferable license to use the app on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this User Agreement and, upon your acceptance of the terms and conditions of this User Agreement, will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you as a third-party beneficiary of this User Agreement. Notwithstanding these rights of Apple and Apple’s subsidiaries, Kahoot AS’s right to enter into, rescind or terminate any variation, waiver or settlement under this User Agreement is not subject to the consent of any third party. DMCA The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available on the Site infringes your copyright, you (or your agent) may send to Company a written notice by mail or e-mail, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Asmund Furuseth as follows: By mail to Asmund Furuseth, Kahoot! AS, Tordenskiolds gate 2, 0160 Oslo, Norway ; or by e-mail to asmund@kahoot.com. Asmund Furuseth’s phone number is +47 95764641. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. Please note that Company may, in appropriate circumstances, terminate subscribers and accountholders who are repeat infringers. Privacy Policy This page describes how we treat personal information when you use kahoot.com (prev. getkahoot.com), create.kahoot.it, play.kahoot.it and kahoot.it website operated by Kahoot! AS and Kahoot!’s services, including information provided when you use the websites. Last updated: June 15th, 2017. Kahoot! AS (“Kahoot”) is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through websites operated by us from which you are accessing this Privacy Policy (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), and through HTML-formatted email messages that we send that link to this Privacy Policy (collectively, including the Websites and Apps, the “Services”). By providing Personal Information to us, you agree to the terms and conditions of this Privacy Policy. PLEASE SEE BELOW FOR OUR POLICY REGARDING OUR COLLECTION OF INFORMATION FROM CHILDREN UNDER AGE 13. What is Kahoot? Kahoot provides a game-based learning tool that can be played through most web browsers (at http://kahoot.it) and through our App. A Kahoot game (referred to as a “Kahoot”) consists of players answering multiple-choice questions presented on the screen of the user who hosts the particular game. Personal Information Personal Information We May Collect We do not collect any Personal Information from a person who merely plays a Kahoot. In order to be able to create and host a Kahoot, however, a user (“accountholder”) must create an account at https://create.kahoot.it/account/register/. As described in more detail below, we may collect, use and disclose Personal Information from users 13 years of age or older who have created an account with us (“adult accountholders”). Our information practices are different with respect to younger users. Specifically, when a user who is under the age of 13 creates an account (a “child accountholder”), we collect his or her email address only for the purpose of providing password reminders to him or her. We collect no other Personal Information from child accountholders, and we immediately and permanently alter the email address such that it can only be used as a password reminder and cannot be reconstructed into its original form or used to contact the child accountholder. Kahoot also collects a user name and password from child accountholders, which are used for login purposes only. “Personal Information” is information that identifies an adult accountholder as an individual or relates to an identifiable person, including: Name Email address Profile picture Biographical information (for some teachers who elect to provide it) If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy. How We May Collect Personal Information We and our service providers may collect Personal Information from adult accountholders in a variety of ways, including: Through the Services: We may collect Personal Information through the Services, e.g., when you create an account or populate your profile. Offline: We may collect Personal Information from you offline, such as when you contact customer service. From Other Sources: We may receive your Personal Information from other sources, such as public databases, joint marketing partners and other third parties. How We May Use Personal Information We may use Personal Information collected from adult accountholders: To respond to your inquiries and fulfill your requests, such as to send you newsletters. To send administrative information to you, such as information regarding the Services and changes to our terms, conditions and policies. To send you marketing communications that we believe may be of interest to you, subject to your consent if required by applicable law. To personalize your experience on the Services by presenting products and offers tailored to you. To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information. We suggest that you read any such rules carefully. To allow you to share Kahoots through the Services, and to notify you when a Kahoot is shared with you or when a Kahoot you have created is featured to others on the Services. For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities. As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. How Personal Information May Be Disclosed The Personal Information of adult accountholders may be disclosed: To our third party service providers who provide services such as website hosting, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing and other services. To third-party sponsors of sweepstakes, contests and similar promotions. To identify you to anyone with whom you share a Kahoot or other messages through the Services. By you, on profile pages and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public. We urge you to be very careful when deciding to disclose any information on the Services. To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. Other Information Other Information We May Collect “Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as: Browser and device information App usage data Information collected through cookies, pixel tags and other technologies Demographic information and other information provided by you Aggregated information If we are required to treat Other Information as Personal Information under applicable law, then we may use it for the purposes for which we use and disclose Personal Information as detailed in this Policy. How We May Collect Other Information We and our third party service providers may collect Other Information in a variety of ways, including: Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly. Through your use of the App: When you download and use the App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information has been downloaded to the App based on your device number. Using cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information only to support the internal operations of the Services, such as for security purposes, to facilitate navigation, to display information more effectively, to personalize your experience while using the Services and to recognize your computer in order to assist your use of the Services. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions regarding them. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer, and you may need to log in every time you visit. Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including adult accountholders that may receive emails from us), measure the success of marketing campaigns and compile statistics about usage of the Services and response rates. Analytics: We use third parties, including Google Analytics, which use cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. IP Address: Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for the purposes of providing support for the internal operations of the Services, such as calculating usage levels, diagnosing server problems, and administering the Services. We may also derive your approximate, general, location from your IP address. From you: Information such as your communications preference may be collected from adult accountholders when they voluntarily provide it. By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Services. How We May Use and Disclose Other Information We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined. Our Collection of Personal Information from Children As explained above, we do not collect any Personal Information from a person who merely plays a kahoot. When a user who is under the age of 13 creates an account (a “child accountholder”), we collect his or her email address only for the purpose of providing password reminders to him or her. We immediately and permanently alter the email address such that it can only be used as a password reminder and cannot be reconstructed into its original form or used to contact the child accountholder. We also collect a user name and password from child accountholders, which are used for login purposes only, to permit the child accountholder to use the Services. We and our service providers also collect the information described above, under “Other Information,” from child accountholders. This includes Google’s use of certain persistent identifiers to collect information about the use of our Services for analytics purposes only. If you would like to review the information we have collected from your child (i.e., his or her username and password), or if you would like to ask us to make no further use of, or delete, the information we have collected from your child, contact us as described in the “Contacting Us” section, below. In your request, please include your name and your child’s Kahoot username, and specify the action you would like us to take. For your child’s protection, we may need to verify your identity before implementing your request. Third Party Services This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Twitter, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to these or other organizations. Security We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contacting Us” section below. Choices and Access Your choices regarding our use and disclosure of your Personal Information We give adult accountholders choices regarding our use and disclosure of their Personal Information for marketing purposes. You may opt-out from receiving marketing-related emails from us on a going-forward basis by clicking the unsubscribe link in any such email. In addition, in your user settings, you may opt-out of receiving emails letting you know that a Kahoot has been shared. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out. How you can access, change or suppress your Personal Information If you are an adult accountholder and you would like to review, correct, update, suppress or delete Personal Information that you have previously provided to us, you may contact us by email at hello@getkahoot.com or at: Kahoot! 701 Brazos St., Suite 1608 Austin, TX 78701 Kahoot! AS Tordenskiolds gate 2 0160 Oslo, Norway In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. You may also delete your account by selecting “Delete My Account” when logged into the Services. You may also delete, when logged into the Services, any content or information that you have posted to the Services in the form of Kahoots that you have created. Please note that your actions cannot ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted or repurposed by another accountholder.We will try to comply with your requests as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed. Retention Period 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. Cross-border transfer Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country. Sensitive information We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us. Updates to this Privacy Policy We may change this Privacy Policy. The “LAST UPDATED” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy. SYSTEM SOFTWARE LICENSE AGREEMENT (Version 1.4) FOR THE PlayStation®3 SYSTEM December 10, 2009 PLEASE READ THIS SYSTEM SOFTWARE LICENSE AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. ACCESS TO OR USE OF THE SYSTEM SOFTWARE IN THE SONY COMPUTER ENTERTAINMENT INC. ("SCE")'S PlayStation®3 COMPUTER ENTERTAINMENT SYSTEM UNIT ("PS3™ system") IS EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. This Agreement is a contract with SCE. This Agreement applies to any system software or firmware included in the PS3™ system, and any patches, updates, upgrades, or new versions of the system software or firmware provided to or made available for your PS3™ system through any SCE service or online network, SCE website or PS3™ system game disc (software is collectively, "System Software"). 1. LICENSE GRANT Subject to the terms and conditions of this Agreement, all System Software is licensed to users solely for personal, non-commercial use on the PS3™ system in the country in which the PS3™ system was designed by SCE to operate. To the extent permitted by applicable law, your rights to use or access the current version of the System Software will cease upon installation of a newer version of the System Software onto your PS3™ system, whether such installation occurs through manual or automatic download by SCE through SCE's online network, or otherwise. SCE does not grant any license to System Software obtained by users in any manner other than through SCE's authorized distribution methods. Your use or access to open source software or freeware included with the System Software is subject to additional terms and conditions set forth in the instruction manual or documentation for the PS3™ system or at http://www.scei.co.jp/ps3-license/index.html. Such additional terms are hereby incorporated by reference. You do not have any ownership rights or interests in the System Software. All intellectual property rights therein belong to SCE and its licensors, and all use or access to such System Software shall be subject to the terms of this Agreement and all applicable copyright and intellectual property laws. Except as expressly granted in this Agreement, SCE and its licensors reserve all rights, interests and remedies. 2. RESTRICTIONS You may not lease, rent, sublicense, publish, modify, adapt, or translate any portion of the System Software. To the fullest extent permitted by law, you may not reverse engineer, decompile, or disassemble any portion of the System Software, or create any derivative works, or otherwise attempt to create System Software source code from its object code. You may not (i) use any unauthorized, illegal, counterfeit, or modified hardware or software in connection with the System Software, including use of tools to bypass, disable, or circumvent any encryption, security, or authentication mechanism for the PS3™ system; (ii) violate any laws, regulations or statutes, or rights of SCE, its affiliated companies, or third parties in connection with your access to or use of the System Software, including the access, use, or distribution of any software or hardware that you know or should have known to be infringing or pirated; (iii) use any hardware or software to cause the System Software to accept or use unauthorized, illegal, or pirated software or hardware; (iv) obtain the System Software in any manner other than through SCE's authorized distribution methods; or (v) exploit the System Software in any manner other than to use it in your PS3™ system in accordance with the accompanying documentation and with authorized software or hardware, including use of the System Software to design, develop, update, or distribute unauthorized software or hardware for use in connection with the PS3™ system for any reason. Without limiting the scope of SCE's remedies, any violation of these restrictions will void the PS3™ system's warranty and affect your ability to obtain warranty services and repair services from SCE or its affiliated companies. 3. SERVICES AND UPDATES From time to time, SCE may provide updates, upgrades or services to your PS3™ system to ensure it is functioning properly in accordance with SCE guidelines or provide you with new offerings. Some services may be provided automatically without notice when you are online, and others may be available to you through SCE's online network or authorized channels. Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3™ system. Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality. It is recommended that you regularly back up any data on the hard disk that is of a type that can be backed up. Other services or content may be made available to you by third parties who may require you to accept their terms and conditions and privacy policy (“Third Party Agreement”). SCE may refer to or provide you with links to websites that third parties independently operate or maintain (“Linked Sites”). SCE and its affiliated companies do not control or direct Linked Sites, nor do SCE and its affiliated companies monitor, approve, endorse, warrant or sponsor any information, conclusions, recommendations, advertisement, products, services or content described on Linked Sites. You acknowledge and agree that SCE and its affiliated companies have no liability to you for the information on the Linked Sites. Your reliance on any such information is at your own risk, and you assume all responsibilities and consequences resulting from your reliance. Please see your user's manual for information on controlling access to Linked Sites via PS3™ system's parental control. Notwithstanding any provision of any terms and conditions, in the event of any conflict between this Agreement and the Third Party Agreement, this Agreement shall control as between you and SCE. 4. COLLECTION OF INFORMATION/ AUTHENTICATION SCE may retrieve information about your hardware and software for authentication, copy protection, account blocking, system monitoring/diagnostics, rules enforcement, game management, marketing purposes, tracking user behavior and other purposes. The information collected is not your personally identifying information. SCE may use DNAS (Dynamic Network Authentication System), a proprietary system designed to authenticate game titles and the PS3™ system when you connect the PS3™ system to a network, to collect this information. Any unauthorized transfer, exhibition, export, import or transmission of programs and devices circumventing DNAS may be prohibited by law. SCE reserves the right to use any other authentication or security system, or method in connection with the PS3™ system. You can find more information on how SCE or its affiliated companies may use the collected information by referring to the privacy policy on the SCE company's website for your territory. The applicable privacy policy applies to your use of the PS3™ system. 5. INTERNET FEATURES Use of any feature that requires access to internet connection, including the PS3™ system's internet browser (“Internet Features”) is at your own risk. Internet Features may require wireless LAN access which may NOT be available at your location, free of charge, or free from interruption or disconnections. See your wireless LAN provider for details. Internet Features may NOT support all wireless LAN access connection points or Web sites. Browsing websites, or accessing any of the content may result in viruses, loss or corruption of data, or other problems. You must comply with all applicable laws and regulations. See other terms and conditions of use in the user's manuals. You are responsible for all fees in connection with access to or use of the internet. 6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY The System Software and the contents, programs, services and websites on or provided through the System Software, including Internet Features and information on Linked Sites are provided "AS IS". SCE and its affiliated companies expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SCE AND ITS AFFILIATED COMPANIES EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL HOWEVER ARISING, AS A RESULT OF ACCESSING TO OR USING THE SYSTEM SOFTWARE OR ANY OF THE CONTENTS, PROGRAMS, FEATURES, SERVICES OR INFORMATION ON OR PROVIDED THROUGH THE SYSTEM SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 7. TERMINATION If SCE determines that you have violated the terms of this Agreement, SCE may take all actions to protect its interests, including denial of any services such as warranty services and repair services provided for your PS3™ system and termination of your access to PlayStation®Network, implementation of upgrades or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of a modified PS3™ system, or any pirated material or equipment. SCE and its licensors reserve the right to bring legal action in the event of a violation of this Agreement. SCE reserves the right to participate in any government or private legal action or investigation relating to your conduct. 8. EXPORT CONTROL The PS3™ system may contain technology that is subject to certain restrictions under the export control laws and regulations of the United States, including but not limited to the Export Administration Regulations, and the embargo and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls. As such, the PS3™ system may not be exported or re-exported to persons and entities prohibited by such laws and regulations. 9. GENERAL LEGAL By using or accessing the System Software, you agree to be bound by all current terms of this Agreement. To access a printable, current copy of this Agreement, go to http://www.scei.co.jp/ps3-eula/ on your personal computer. SCE, at its sole discretion, may modify the terms of this Agreement at any time, including any terms in the PS3™ system documentation or manual, or at http://www.scei.co.jp/ps3-license/index.html. Please check back on this website from time to time for changes to this Agreement. Your continued access to or use of the System Software will signify your acceptance of any changes to this Agreement. In the event of any conflict between this Agreement and the Terms of Service and User Agreement for SCE's online network, the terms of this Agreement shall control the use of or access to, the System Software. Queensland Health's Public Network Terms and conditions of use The QH-FreeWiFi service may be restricted or terminated at any time to ensure the continued delivery of healthcare services are not interrupted or impacted. As this is a free service open to the general public, Queensland Health and this facility cannot guarantee the security of the QH-FreeWiFi service at all times. Access and use of this network is at your own risk. You are solely responsible for ensuring that usernames, passwords and security based information are kept private to prevent unauthorised access. You understand and acknowledge that by using the QH-FreeWiFi service to make information available on the internet or any of its protocols; such information may become available to all Internet users. Queensland Health and this facility accept no liability for the disclosure of any such information and are not liable for any loss or damage you may sustain as a result of your use of the QH-FreeWiFi service. Limitations The maximum download speed available for the QH-FreeWiFI service is 512 kbps and users are required to re-authenticate after every 12 hours of use or 30 minutes of inactivity. Queensland Health may, in its absolute and sole discretion, limit or block certain websites and/or content from being accessed while using the Wi-Fi service. Disclaimer Queensland Health is providing wireless connectivity in this facility as a guest service and offers no guarantees that any use of the wireless connection is in any way secure, or that any privacy can be protected when using this wireless connection. Use of this wireless connection is entirely at the risk of the user, and Queensland Health is not responsible for any loss of any information that may arise from the use of the wireless connection, or for any loss, injury, or damages resulting from the use of the wireless connection. Privacy Queensland Health will only collect, use and store your personal information for the purposes of delivering wireless internet access in accordance with the applicable legislation and the Terms of Use. Who do I contact if I have feedback or a question? Please email your questions and feedback to WiFi-Feedback@health.qld.gov.au. Agreement By entering Accept below, you are entering into a binding agreement. Moreton Island Adventures Terms and Conditions You’re booked and on your way to getting off road and unplugged on Moreton Island! We know you’re keen to Escape the Fake so we won’t bore you with unnecessary details – we just want you to have all the information you need for an enjoyable and fuss-free trip on the island… Get me there quick! We don’t want to leave anyone behind, so please make sure you have booked your vehicle and trailer at the correct size – standard size for vehicle and trailer is under 5.2m inclusive of any extra “bits” hanging off (so things like motors, fishing rod holders etc). Give our office a call if you’re unsure of how to do this or if your vehicle is oversized, so you don’t get left in the concrete jungle when you should be chilling with your feet in the sand. If you’re lucky enough to have a truck or canter please call our office to book this in. You said I have to be where when? Departure: Please arrive at 14 Howard Smith Drive, Port of Brisbane OR Moreton Island Wrecks 1 hour prior to your departure time* – we’ll get you on as quick as we can so you can enjoy a coffee or a smiley pie pronto. *Sunday 14.30 service – you only need to arrive by 13.45 for this service as the ferry crew will arrive back to port around 2pm and get you out of the carpark and onto the island before you know it. *Please note that MICAT may depart once all booked persons are on board so we do recommend pre-booking on all services. Contact Numbers If you want to change or make a booking – Head to www.moretonislandadventures.com.au/contact/book-now/ to make or change bookings and check availability for services. You need to talk to an expert – Contact an Escape Officer during office hours (see below) on (07) 3909 3333. You’re running late for the ferry – contact the ticket office on 0427 623 489 (available 1 hour prior to the Brisbane to Moreton service only), on a weekend (or when you’re on the island) you can contact the MICAT ferry direct on 0408 885 405 (no bookings, cancellations or changes can be processed via these numbers). You want to eat some awesome food at Castaways Restaurant – bookings via (07)34082202, they can also help you if you forgot to pack the butter, jam or more importantly BEER! Your vehicle is bogged and you’ve given up on digging – call Lindsay Robertson (3408 3545/0414 949 876) or John Kluba (3408 3930/0428 986 890) but remember nothing in life is free so make sure you ask what the fees are BEFORE you get them to tow you out. That pesky GPS update There have been great road updates recently that your GPS (and google maps) may not be aware of – please check out www.moretonislandadventures.com.au/contact/contact-us/ for instructions on how to get to the terminal without having a meltdown. Yep it’s a National Park So there are fees to keep the park looking as beautiful as ever which are not included in your MICAT fares. If you don’t want to share a tent with crazy Bob we recommend pre-purchasing camping and vehicle permits BEFORE you arrive. We love talking to the rangers, but if you want to stay on their good side you’ll need to print and display your vehicle permit on your windscreen before driving on to the sand. We can take all the hassle out of booking your permits by doing it for you, but do so on behalf of you through the National Parks website. A small fee is all you will pay for this timesaving service which covers our basic costs. Bookings for other parks such as Fraser will incur a larger fee. All permit payments (excepting aforementioned fee) are sent directly to National Parks and subject to their terms and conditions which can be found at http://www.nprsr.qld.gov.au/policies/pdf/camping-vehicle-acc-permit-fee-booking-refunds.pdf The fine print (you know we have to…) No refunds or partial redemptions are given at any time. Included passengers must travel with the vehicle or trailer with which they are booked. Vehicle size categories are under 5.2m, under 6m and under 7m. Vehicles not booked at the correct size may be left behind. Vehicles under-booked will be charged the additional fees prior to boarding and may be left until last to board. Bookings subject to minimum notice periods for changes or cancellations (see below for details). Bookings forfeited 100% if notice is not provided. MICAT services, accommodation, events and group bookings may be cancelled or altered for various reasons at any time without notice. MICAT services are only cancelled due to weather conditions if it is deemed by Maritime QLD safety standards to be unsafe to travel in Moreton Bay. In the case of cancellation for these reasons bookings will be moved to services of the customer’s choice. Cancellation credits can be used toward another booking for travel with Moreton Island Adventures within 12 months of the original booking date. Cancellation credits are less a cancellation fee Credit card surcharges will not be credited in the event of cancellation Changes are subject to availability and refunds will not be issued for unavailable date changes. MIF Pty Ltd accepts no responsibility for any damages sustained to vehicles or property during travel, we recommend you purchase suitable insurance for your trip. Changes / Cancellations Policies Vehicle: 72 hours’ notice (OFF PEAK PERIODS) and 7 days’ notice (PEAK PERIODS) required for changes or cancellations; if provided customers may move booking dates to within 12 months of the original booking date. If provided, booking may be cancelled and credit will be held for 12 months less a cancellation fee and credit surcharges. Passenger (PEAK/OFF PEAK): 24 hours’ notice required for changes or cancellations. If provided, bookings can be moved to dates within 12 months of original booking. If provided, booking may be cancelled and credit held for 12 months from cancellation date. Castaways Glamping/Unit Accommodation (inclusive of packages including accommodation): 14 days’ notice required (OFF PEAK PERIODS) and 30 days’ notice required (PEAK PERIODS) for changes or cancellations; if provided customers may move booking dates to within 12 months of the original booking date. If provided, booking may be cancelled and credit will be held for 12 months less a cancellation fee and credit surcharges. Group Bookings: Subject to additional terms and conditions available on quote. All quotes valid 14 days only. Special offers, vouchers, prizes and events: may have their own specific terms and conditions displayed on the entry and or quote. All bookings also subject to standard terms as above. All special offers are subject to terms above and will only be eligible for credits less rebooking fees/surcharges for the special offer amount. Customer will be responsible for any price difference upon rebooking outside special offer terms. Rebooking using a credit from a cancelled booking: contact (07) 3909 3333 to rebook. Quote your original booking number. Any increase in rates will be payable by the customer at the time of booking. No refunds will be issued of any remaining monies after rebooking. Remaining credit is available within the original 12 month period only. Rebooking is subject to availability and new bookings will be subject to new terms and conditions. Nintendo Account Agreement Version: 03.2017 (AU/NZ) This is a binding agreement between you, an individual, Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan (“NCL"), and Nintendo Australia Pty Limited ACN 060 566 083, 804 Stud Road, Scoresby, Victoria, 3179, Australia (“NAL"). NAL and NCL are together and individually referred to as “Nintendo" or “we" or “our". This Nintendo Account Agreement (the “Agreement") covers your use of the Nintendo Account. This Agreement comes into force when you register your Nintendo Account and indicate your acceptance of this Agreement during the registration by means specifically provided by Nintendo for this purpose. If you are under the age of 18, your parent or legal guardian must accept this Agreement on your behalf. A General Provisions 1 Definitions In this Agreement, the following terms shall have the following meanings: “Digital Products" refers to all games, applications and software, add-on content for games, applications and software, vouchers for digital services, and other digital content which can be accessed via the Nintendo Account Service. "Nintendo Account" refers to an individual account created by NCL for a person who submitted the registration request and accepted the terms of this Agreement. "Nintendo Account Service" refers to an aggregate of all games, applications, software, services, portals, data, websites and other content, whether commercial or non-commercial content, of Nintendo or third party partners of Nintendo, that is available to users with a registered Nintendo Account when they access games, applications, software, portals, messages, information, data and other content identified as Nintendo Account Service content on any device connected to the internet. "Nintendo Intellectual Property" refers to all intellectual property, including but not limited to registered and unregistered trademarks, service marks, logos, registered and unregistered designs, copyrights, database rights, inventions, patents, trade secrets, know-how, Mii characters and other confidential and proprietary information which Nintendo developed, owns or is granted a licence to use. “Nintendo Shopping Services" refers to any applications, software and services available as Nintendo Account Service that allow users by using a Nintendo Account to (i) acquire Digital Products from NAL, free of charge or against payment, and/or to (ii) register licenses for and download games, applications, software, add-on content for games, applications and software, vouchers for digital services and other digital content. "Third-Party Services" refers to any applications, software, add-on-content, services, websites, portals, data and other digital content provided by third parties that may be accessible via the Nintendo Account Service, but that are not operated by Nintendo and that allow users to access or register games, applications, software and other digital content of third parties independently from the Nintendo Account under the terms established by third parties. "User Device" refers to a device manufactured by Nintendo or a third party on which a Nintendo Account user uses a Nintendo Account to access the Nintendo Account Service. "User-Generated Content" refers to any communications, messages, text, images, drawings, photos, sound, voice, audio recordings, music, movies, information, data and any other material and content (including user names, nicknames, customised Mii characters, Mii nicknames, customised levels, maps, scenarios etc.) that is created by or licensed to Nintendo Account users and that is posted, sent or otherwise made available by a Nintendo Account user via Nintendo Account Service. 2 Nintendo Account To use the Nintendo Account Service you must register a Nintendo Account with NCL. You must provide accurate and complete data during the registration and update your registration information if it changes. If you change the country registered with your Nintendo Account, you must agree to the Nintendo Account agreement applicable for the new country. The Nintendo Account is personal to you and you may not sell, trade, assign or otherwise transfer your Nintendo Account to any other person or entity. You are responsible for all transactions made via your Nintendo Account. You must keep your sign-in information secure at all times. In the event you become aware of or reasonably suspect any breach of security, such as an unauthorised access to your Nintendo Account by a third party, or any loss, theft or disclosure of your sign-in information, you must immediately notify NCL. NCL, in its sole discretion, may allow you to link your Nintendo Account to one or several devices manufactured by Nintendo or third parties. If your Nintendo Account is linked to such a device, you must delete your Nintendo Account and any other content that is personal to you from such a device before you sell or otherwise transfer this device to another person. You may be able to set up additional Nintendo Accounts on behalf of your children or wards that are dependent on your Nintendo Account. You agree to be bound by this Agreement for any such associated Nintendo Accounts (including those for children below the age of 13) you hold now or set up later and that you are responsible for all activities and transactions that take place through your Nintendo Account and any associated Nintendo Accounts. Children from the age of 13 may use a Nintendo Account set up for them by their parent or legal guardian which is not an associated Nintendo Account. Parents or legal guardians must supervise their children’s use of the Nintendo Account at all times. Parents or legal guardians are responsible for using the parental control functionalities offered by Nintendo as part of the Nintendo Account Service if they want to limit their children’s use of Nintendo Account Service. 3 Use of Nintendo Account Service The Nintendo Account Service is solely for your own personal recreational and non-commercial use. The Nintendo Account Service must not be used for any other purpose. You are responsible for all costs in relation to the use of your Nintendo Account, whether by yourself or by your friends, your family or any other third party (including any internet connection fees, the costs for the necessary equipment and any other relevant fees and charges). The exact amount of costs depends, among other things, on the device that you use to access the Nintendo Account Service, on your activities in the Nintendo Account Service and on the conditions of your internet access provider. The Nintendo Account Service is not available in all countries. Games, applications, software, services, portals, data and other content offered via the Nintendo Account Service may differ from country to country. Nintendo may from time to time change the Nintendo Account Service, in part or in whole, for the benefit of the Nintendo Account Service users. Age restrictions may apply to certain Nintendo Account Services. 4 User-Generated Content Nintendo is not responsible for any User-Generated Content. User-Generated Content is the sole responsibility of the Nintendo Account user who posted, sent or otherwise made available such User-Generated Content via the Nintendo Account. Nintendo is not obligated to monitor User-Generated Content. However, if Nintendo becomes aware of possibly unlawful or inappropriate User-Generated Content, Nintendo reserves the right to delete or to block access to such User-Generated Content at its own discretion. If you post, send or otherwise make available User-Generated Content via your Nintendo Account you grant Nintendo a non-exclusive, worldwide, royalty-free, perpetual and fully transferable right to reproduce, publish and make available User-Generated Content via the Nintendo Account Service as envisaged by the application that you use to post, send or otherwise make available such User-Generated Content. This does not apply to User-Generated Content contained in any private messages or in any other private communication. You acknowledge that any User-Generated Content that you publish via the Nintendo Account Service or share with other users may be viewed, reproduced, published and/or modified by third parties (for example, by making a screenshot of such User-Generate Content ). You should not include personal information such as your name, your email address, your address or your telephone number or any other sensitive information in User-Generated Content. You acknowledge that the Nintendo Account Service may be changed, in part or in whole, at any time and any User-Generated Content may be deleted from the Nintendo Account Service at any time. Nintendo is not obligated to store any User-Generated Content. User-Generated Content that you post, send or otherwise make available through your Nintendo Account Service must comply with the Nintendo Code of Conduct. 5 Nintendo Code of Conduct When using the Nintendo Account Service, you must comply with the Nintendo Code of Conduct. The Nintendo Code of Conduct prohibits all illegal, harmful or otherwise inappropriate conduct, including, but not limited to, the following: Illegal, harassing, hateful, defamatory, embarrassing, offensive, obscene, sexually explicit or otherwise objectionable actions performed with the Nintendo Account; Providing any incorrect or false data when registering or using the Nintendo Account; Making, sharing or playing unauthorised copies of games, applications, software, add-on content, music, images, videos and other content available via the Nintendo Account Service; making new versions of Digital Products or other content available via the Nintendo Account Service ("derivatives"); Using cheats, automation software (bots), hacks, mods or any other unauthorised software designed to modify the Nintendo Account Service or any part of it or using any unauthorised User Device or any unauthorised modification of a User Device; attempting to derive source code of the Nintendo Account Service; Gaining unauthorised access to any of Nintendo’s computers, hardware, equipment, servers or networks used to support the Nintendo Account Service; hosting, intercepting, emulating, reverse engineering any part of the Nintendo Account Service or redirecting the communication protocols used by Nintendo as part of the Nintendo Account Service, regardless of the method used to do so; Engaging in any commercial or advertising activity, or arranging meetings using a Nintendo Account; Selling, trading, assigning or otherwise transferring a Nintendo Account to another person or entity; Posting, sending or otherwise making available via Nintendo Account Service any content that infringes the rights of others, including any patent, trademark, trade secret, copyright, privacy rights, portrait rights or other intellectual property or proprietary rights; Posting, sending or otherwise making available via Nintendo Account Service any content that contains personal information (including photos, images and videos) of any third party without their permission; Selling, trading, assigning, licensing, or otherwise conveying virtual property for real money or for funds credited to a Nintendo Account, where "virtual property" refers to any features of games or other content that can be traded with other users for free or for in-game virtual currency; Fraudulent activities performed in relation to the Nintendo Account Service (in particular in relation to transactions in Nintendo Shopping Services). 6 Background Communication Features If background communication features are enabled on your User Device, your User Device may perform automatic background communication with Nintendo servers and other User Devices. Background communication with Nintendo servers enables your User Device to receive system updates, updates for software and applications installed on your User Device, updates for content on Nintendo Account Service, new applications and important service messages from Nintendo. A system or software update may be required to fully enjoy all features of the Nintendo Account Service. Background communication with other User Devices may happen depending on the application you use. You will be informed about the background communication features in the respective application. You can disable background communication features in the settings of your User Device and/or in the settings of the respective application. Depending on your User Device, you may also disable background communication features completely by switching off your User Device communication functions. 7 Third-Party Services The Nintendo Account Service may offer access to Third-Party Services. Third-Party Services are offered and distributed by third parties at the sole responsibility of third parties. Nintendo neither becomes a party nor participates in any other way in any contract you may conclude with a third party through Third-Party Services. Products that you may acquire via Third-Party Services are not registered to your Nintendo Account. Nintendo assumes no liability in respect of Third-Party Services. Third-Party Services are subject to terms and conditions provided by the respective third parties. Parental control functionalities offered by Nintendo may not work with Third-Party Services. 8 Nintendo Intellectual Property NCL owns all rights, titles and interest (including all intellectual property rights) in, and has the right to use and sublicense, the Nintendo Intellectual Property necessary to operate the Nintendo Account Service. NCL grants to you a personal licence to use the Nintendo Intellectual Property as far as this is necessary to use your Nintendo Account in compliance with the terms of this Agreement. You may not transfer, assign, sublicense or otherwise dispose of this licence to another person or entity and may not use the Nintendo Intellectual Property for any commercial purpose. Further to the licence set out in this Agreement, NCL does not provide you with any right, title or interest in the Nintendo Intellectual Property. NCL reserves all rights in the Nintendo Intellectual Property. 9 Nintendo's Liability to You You have rights that cannot be excluded under the Australian Consumer Law or under New Zealand’s Consumer Guarantees Act 1993. This provision does not exclude, restrict or modify those rights or any other statutory provision which implies non-excludable conditions, warranties or consumer guarantees into this Agreement. To the full extent permitted by law, the liability of Nintendo under such non-excludable conditions, warranties and consumer guarantees is limited to supplying you the Nintendo Account Service again or the payment of the cost of having the Nintendo Account Service supplied again (whichever Nintendo chooses). Otherwise, we provide the Nintendo Account Service without express or implied warranty, undertaking, inducement or representation of any kind. This means that Nintendo does not warrant that the Nintendo Account Service will always work properly or that it will be free from viruses, hacks or other harmful intrusions. Subject to this clause and to the full extent permitted by law and subject to any non-excludable statutory condition, warranty or consumer guarantee, Nintendo's liability to you and any other person: does not include punitive, special, consequential or incidental damages (including, without limitation, claims for loss of data, User-Generated Content, Third-Party Services); does not include any claims for loss of profit, loss of business, business interruption, loss of data or loss of business opportunity, as the Nintendo Account Service is not for commercial use but for your own personal recreational use.; and does not include liability to third parties. Except in relation to non-excludable conditions, warranties or consumer guarantees, these limitations on Nintendo’s liability apply to all matters relating to the Nintendo Account Service including your use of the User Device. These limitations apply to any type of claim, including breach of contract, breach of warranty, strict liability, negligence or other tort. 10 Indemnity You agree to indemnify and hold Nintendo, its affiliates and subsidiaries harmless from and against any loss, liability or claim (including reasonable legal fees) arising out of or in connection with your use of the Nintendo Account Service in an unlawful manner or otherwise in breach of the terms of this Agreement (including, without limitation, the Nintendo Code of Conduct). This indemnity shall include, in particular, any loss, liability or claim arising out of or in connection with any User-Generated Content or Third-Party Services, including, without limitation, any photographs, videos or any other materials you upload. 11 Changes to the Agreement A current version of this Agreement will always be available on Nintendo's website. Nintendo may change the terms and conditions of this Agreement at any time so far as this is reasonably necessary in order to protect Nintendo’s legitimate interests or helpful to enhance the service or to adapt it to reflect changes in technical or legal requirements. Nintendo may make changes to this Agreement without notice if the changes are not likely to cause detriment to you. In other cases, Nintendo may request you to re-accept the revised Agreement, in which case any such changes of the terms and conditions of this Agreement become valid if you accept the updated Agreement. If you do not accept the updated Agreement, you may not be able to access the Nintendo Account Service and Nintendo reserves the right to terminate this Agreement or any portion of it upon reasonable notice and you will have to register again if you wish to continue using the Nintendo Account Service under the new terms and conditions. If you do not agree with changes to this Agreement, you may cease using the Nintendo Account Service or terminate this Agreement at any time by deleting your Nintendo Account. 12 Termination and Transfer of the Agreement You may terminate this Agreement at any time by deleting your Nintendo Account. Nintendo may terminate this Agreement, or any part of this Agreement, at any time, without notice if you breach the terms of this Agreement. In case of minor breaches Nintendo will provide you with a prior warning of your non-compliance and give you an opportunity to remedy this. However, if you commit a serious breach, Nintendo is not required to provide you with such prior warning. Serious breaches include, but are not limited to, a breach of the Nintendo Code of Conduct and other important provisions of this Agreement. Nintendo may also terminate this Agreement, or any part of this Agreement, at any time, for legal, technical or commercial reasons. In this case, we will provide you with reasonable advance notice. The termination of this Agreement for any reason will lead to the termination of any licences granted under the Agreement and will prevent your use of the Nintendo Account Service, including, but not limited to, Nintendo Shopping Services. The termination of a part of this Agreement may limit your use of selected applications and functionalities of the Nintendo Account Service. You agree that any termination of your Nintendo Account may also affect any associated Nintendo Accounts as described in Article 2. If this Agreement is terminated for any reason, Articles 8, 9, 10, 13 and 14 will remain in effect. Either NCL or NAL may transfer in its sole discretion the entire contractual relation with you under this Agreement or parts thereof to the respective other affiliated Nintendo company. You will be informed of such transfer at least one month in advance. 13 Agreement Interpretation If any part of this Agreement is found to be invalid or unenforceable, that part of the Agreement will no longer apply. You agree that the invalid part will be considered deleted from the Agreement, but that all other parts of the Agreement will remain in effect. You further agree that we may replace the invalid part by a provision which reflects or comes closest to the initial intention. 14 Governing Law 14.1 Except to the extent expressly provided in section 14.2, this Agreement and the relationship between you and NCL shall be governed by the laws of Japan, to the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods. For the avoidance of doubts, this does not affect the applicability of mandatory statutory laws such as consumer protection laws of your country of residence. 14.2 The relationship between you and NAL is governed by the applicable laws of the State of Victoria, Australia, to the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods, and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia. 15 Customer Support If you have any questions about this Agreement, please contact us. Contact details of your local Nintendo Customer Support can be found at: http://www.nintendo.com.au/contact 16 Use of Digital Products on Apple’s Devices If you use the Digital Product on a device provided by Apple, Inc. (“Apple"), the following applies: 16.1 The Digital Product should be used in line with the App Store Terms of Service. 16.2 The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Digital Product. 16.3 The parties acknowledge that Apple bears no responsibility for any claims that the use of the Digital Product infringes the intellectual property rights of third parties. 16.4 You represent and warrant that you do not live in a US export-embargoed country or a country designated as a “terrorist supporting" country by the United States government, and that you are not on the list of people barred or excluded from the United States. 16.5 The parties acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. B Nintendo Shopping Services Nintendo Account Services may offer access to Nintendo Shopping Services. You can use Nintendo Shopping Services to acquire Digital Products from NAL, free of charge or against payment, as well as to download and use Digital Products on your User Device and/or via Nintendo Account Services. All sales through Nintendo Shopping Services are made by NAL and NAL is the seller to you. 1 Digital Products 1.1 Registering Digital Products In order for you to download and use Digital Products via the Nintendo Shopping Services, a licence for the respective Digital Product needs to be registered. The licence for Digital Products may be acquired in various ways, subject to availability in your country. In case the licence for a Digital Product is offered free of charge by NAL in Nintendo Shopping Services, the licence will be registered to your Nintendo Account after you have submitted the respective order in Nintendo Shopping Services. Except as otherwise provided, in case the licence for a Digital Product is offered for purchasing in Nintendo Shopping Services by NAL, the licence will be registered to your Nintendo Account after you have submitted the respective order in Nintendo Shopping Services and made the payment to NAL. The licence for a Digital Product may also be purchased or acquired outside of Nintendo Shopping Services. In this case, you will be informed about the applicable process to register the licence for a Digital Product to your Nintendo Account. Except as otherwise provided, the licence for a Digital Product is tied to your Nintendo Account and allows you to use the Digital Product only on one User Device you have linked to your Nintendo Account and to which the Digital Product has been downloaded. Except as otherwise provided, all users on your linked User Device may use the respective Digital Product. In case NAL offers a license for a Digital Product for download and use on a Nintendo 3DS system or Wii U console for purchasing in Nintendo Shopping Services, a Nintendo Network ID is required and the license for the respective Digital Product is registered and tied to your Nintendo Network ID. In this case, the Nintendo Network Agreement and Nintendo Network Privacy Policy you accepted when registering a Nintendo Network ID apply to your download and use of the Digital Product. IMPORTANT: NCL will solely provide the technical infrastructure to enable you to register the licence to your Nintendo Account. However, NCL is not the seller. 1.2 Licence for Digital Products Any Digital Products registered to your Nintendo Account and any updates of such Digital Products are licensed only for personal and non-commercial use on a User Device. Digital Products must not be used for any other purpose. In particular, without NAL’s written consent, you must neither lease nor rent Digital Products nor sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Digital Products other than as expressly permitted by applicable law. 1.3 Virtual Items The currency that is sold by NAL via Nintendo Shopping Services for use in a Digital Product or any other digital item that you may acquire within a Digital Product (the "Virtual Items") is made available to you as a digital content in the form of a license (right) to trade or exchange for other digital content within the Digital Product. The Virtual Items, as well as other digital content traded or exchanged for Virtual Items can only be used within the respective Digital Product, cannot be transferred to a third party (unless a transfer is permitted within the Digital Product) and cannot be exchanged for legal tender or any item or right outside of the Digital Product. 2 Defects In the event of a defect the statutory provisions shall apply. If an additional manufacturer’s warranty applies, any claims based on a manufacturer's warranty are irrespective of any statutory rights you may have. 3 Payment Methods NAL may offer various payment methods, subject to availability in your country. NAL may allow you to upload and use funds to make the payment for Digital Products that you purchase from NAL in Nintendo Shopping Services. Funds may be uploaded to your wallet by using a credit card or any other payment method accepted by NAL, by inserting a digital code printed on a Nintendo eShop Card available in retail, or by any other method communicated by NAL. Funds are tied to your wallet and cannot be transferred to any other person or entity. Funds cannot be exchanged for cash or credit unless required by law. Funds can only be used to purchase Digital Products from NAL in Nintendo Shopping Services. NAL may, in its sole discretion, restrict the maximum amount of funds that may be uploaded to your wallet. You are responsible for any use of funds stored in your wallet. In case you acquire the licence for a Digital Product from any third party, the third party will inform you about the applicable payment method. 4 Shopping History For any transactions in Nintendo Shopping Services you will receive an electronic receipt confirming the transaction. This receipt will be sent to you via email. If you set up an associated Nintendo Account for your child below the age of 13, the receipt for any transactions that take place through the child’s Nintendo Account will be sent to your email address. 5 Third-Party Shopping Services Nintendo Account Services may offer access to shopping services operated by third parties. Third-party shopping services are offered by third parties at the sole responsibility of third parties. Nintendo neither becomes a party nor participates in any other way in any contract you may conclude with a third party through such third-party shopping services. Products that you may acquire via third-party shopping services are not registered to your Nintendo Account. Nintendo assumes no liability in respect of third-party shopping services. Third-party shopping services are subject to terms and conditions provided by the respective third parties. Nintendo Account Privacy Policy Version: 03.2017 (AU/NZ) Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku Kyoto, 601-8501 Japan ("NCL") and Nintendo Australia Pty Limited ACN 060 566 083, 804 Stud Road, Scoresby, Victoria, 3179, Australia (“NAL") respect the privacy rights of their users and recognise the importance of protecting their Personal Information. This Nintendo Account Privacy Policy (the "Privacy Policy") provides information relating to the collection, use and privacy of Personal Information you submit through the Nintendo Account. The information will primarily be collected by NCL. However, if you are in contact with NAL, in particular if you use the Nintendo Shopping Services to acquire Digital Products from NAL or to register licenses for Digital Products, information will be collected by NAL. Each of NCL and NAL shall solely be responsible for their own data processing activities under this Privacy Policy and NCL and NAL do not jointly determine the purposes and means of the data processing. NAL and NCL are together and individually referred to as “Nintendo" or “we" or “our". Nintendo complies with the Privacy Act 1988 (“the Act") and the Australian Privacy Principles (“the APPs") in relation to the collection, use, security of and access to Personal Information. In this Privacy Policy, “Personal Information" has the same meaning as in the Act. If you register a Nintendo Account and consent to this Privacy Policy, you agree that your Personal Information is collected, processed and used in accordance with this Privacy Policy. If you register a Nintendo Account and consent to this Privacy Policy on behalf of your child, you agree that the Personal Information of your child is collected, processed and used in accordance with this Privacy Policy. Words and expressions in this Privacy Policy have the same meaning as in the Nintendo Account Agreement. 1 Summary In particular, you agree that we may collect and store information about your person (such as an email address, birth date, country of residence and region, gender); information related to the User Device you use (such as IP address, MAC address, serial number, internet connection settings); or information about your transactions in Nintendo Shopping Services and information about the way you use the Nintendo Account Service and the Nintendo Shopping Services; we may use the collected information to provide to you content, products and services available on the Nintendo Account Service and, in particular, share information with other users of the Nintendo Account Service if you have chosen to participate in respective communicative and interactive games, applications or services on the Nintendo Account Service; we may use the collected information in the aggregated form for demographical and statistical analysis so that we can improve and optimise our content, products and services; we may use the collected information for marketing and market research purposes, so that content, products and services can be tailored to meet your needs and the recommendations, advertising and offers displayed to you in the Nintendo Account Service or other online activities can be customized accordingly. You can opt out of this use of your information at any time; normally, Nintendo does not collect Sensitive Information (as defined in the Act) it will only do so as specifically permitted by APP 3; we may share the collected information with other entities of the Nintendo group located in Europe and United States; you do not have to provide Personal Information to Nintendo, but if you choose not to, Nintendo may not be able to provide you with the Nintendo Account Service, or parts of it, for which the Personal Information is sought. 2 What Information We Collect 2.1 Information about Your Person For the registration of your Nintendo Account NCL will collect your email address, country of residence, date of birth and gender. 2.2 Information Related to Your Use of Nintendo Shopping Services If you use Nintendo Shopping Services (e.g. to purchase Digital Products from NAL, to upload funds to your wallet, to register licenses for Digital Products), the information about your person will be shared with NAL. You may need to provide credit card information (credit card number, expiration date and security code) to NAL to enable the transaction. NAL we may collect information about the transactions made via the Nintendo Shopping Services such as the registration of licences, purchase of Digital Products, use of items, payments, upload of funds and other related activities. NAL may also collect information about the way you use the Nintendo Shopping Services, such as which Digital Products you view or register on your wish list, which sections of the Nintendo Shopping Services you visit, how you navigate in the Nintendo Shopping Services as well as recommendations and game ratings made by you. 2.3 Information about the User Device To enable the connection of the User Device to Nintendo servers, we may collect technical information related to your User Device, such as MAC address, IP address, telephone number, serial number or other alphanumeric codes assigned to your User Device. We may also collect information about the settings of the User Device to optimise your experience, such as country settings, language settings, parental control settings and wireless access point information of the User Device; we may also collect screen resolution and other display preferences of the User Device. Depending on the application you use, we may collect information stored on your User Device such as your contacts list. You will be informed about such features in the respective application. 2.4 Information Related to Your Use of Nintendo Account To enable you to enjoy content, products and services available in the Nintendo Account Service, NCL processes the data related to your activities, such as the user name and alphanumeric codes assigned to your Nintendo Account, name, appearance and profile of the Mii character that represents you in the Nintendo Account Service; nicknames and IDs that you use in various applications, friends and favourites that you registered, Nintendo Account users you played with, User-Generated Content that you uploaded, posted or otherwise made available in the Nintendo Account Service, your online presence information, and other data specific to games and applications that you use. NCL may also collect your activity history data such as what games you played and what applications you used on your User Device, at what times you played games or used applications, your current level, score and in-game location as well as information you submitted when participating in surveys. 2.5 Linking Your Nintendo Account to Other Accounts NCL may allow you to link your Nintendo Account to an account offered by a third party. If you choose to link the accounts, NCL may collect and combine information you allowed NCL to receive from a third party with information of your Nintendo Account. If the linking of the accounts requires the transmission of information about your person from NCL to a third party, you will be informed about it before the linking takes place and you will be given an opportunity to refuse the linking and the transmission. Your information will be treated by a third party in accordance with the privacy policy of any such third party. NCL is not responsible for the use of your information by any third party. NCL may also allow you to link your Nintendo Account to another account offered by NCL, NAL or NCL’s affiliated companies. If you choose to link the accounts, NCL may collect and combine information related to your use of both such accounts and your data will be treated in accordance with the applicable privacy policy of any such other account that you have accepted. 2.6 Cookies and Similar Technologies Websites, the Digital Product and online content offered by Nintendo may use cookies and other similar technologies. Cookies are small files downloaded to your device. Cookies help us to ensure the safety and smooth functionality of our services (security cookies and session cookies) and to collect information about the preferences of the users in order to make our online offers more attractive for the users (tracking cookies). Nintendo may combine information received via such cookies with information in your Nintendo Account. 3 How Information Is Used 3.1 Providing the Service The information we collect is used to set up the connection of your User Device with Nintendo servers, to provide you content, products and services available via the Nintendo Account Service, to enable your participation in activities supported by the Nintendo Account Service, to process orders and requests that you make via the Nintendo Account Service and to provide consumer support and repair services (including hardware and repair services for User Devices manufactured by Nintendo). If you use Nintendo Shopping Services, NAL processes the information about the transactions you make to the extent necessary to process your orders, to provide you the transaction history and to meet NAL’s financial and legal obligations. If you use a credit card in the Nintendo Shopping Services, NAL will store the number of your credit card separately according to the rules issued by the credit card provider. Further, we may process information relating to the use of the Nintendo Account Service to prevent potentially illegal or offensive activities, to comply with our legal obligations or to enforce our rights or the rights of our users. 3.2 Communication and Interaction in the Nintendo Account Service If you use the parts of the Nintendo Account Service that support the communication between users and the exchange of User-Generated Content, other users may be able to see some information about you, such as your Nintendo Account, name and appearance of a Mii character representing you in the Nintendo Account Service, Mii profile information, country, name of your favourite application, or the most recent application that you used. Depending on the application you use in Nintendo Account Service, further data may be visible to other users, for example, whether you have played the game or used the applications about which you make a comment in the Nintendo Account Service. If sensitive data about your person is involved, such as your age or online status, you will be given a choice whether to allow sharing of such information. If you use interactive features or interactive applications of Nintendo Account Service (such as interactive games), usage information (such as game play information) may be shared between users to enable interaction. Interactive applications and features may support a "user history" feature so that users can see that they interacted with each other in the past. If you have set up a friend list or a black list for Nintendo Account users, this information may be processed by a game or application that you play to make sure that your choices are respected. If you have chosen to link your Nintendo Account to an account offered by Nintendo or a third party, the friend list registered with your Nintendo Account may be synchronised with a friend list registered with the account offered by a third party. The same applies if you are listed on a friend list or a black list of other Nintendo Account users. 3.3 Product Optimisation and Market Research We may use your information in the aggregated form for demographical and statistical analysis so that we can improve and optimise our content, products and services. We may also use your information for marketing and market research purposes, so that content, products and services can be tailored to meet your needs and the recommendations, advertising and offers displayed to you via the Nintendo Account Service or other online activities can be customized accordingly. You can opt out of this use of your information at any time. 4 Marketing and Advertising Subject to your separate consent, Nintendo may send you marketing and advertising messages about products of Nintendo or third parties to your email address or by other means described to you. In this case, we may also use your information to customise such marketing and advertising messages. You can withdraw your consent to receive marketing and advertising messages as described above at any time. 5 User Communications When you send an email or other communication to Nintendo, we may retain those communications and other information contained in any email you send, in order to process your inquiries and respond to your requests. 6 Disclosure of Information NCL and NAL may share your information with each other and use it in accordance with this Privacy Policy. We may also disclose information about you: to government, law enforcement and regulatory bodies where this is necessary for Nintendo to comply with its legal obligations; and to other organisations with which Nintendo has a business relationship (including other companies within the Nintendo Group), where such organisations have agreed to treat Personal Information in accordance with the Act and the APPs, and this Privacy Policy, including Nintendo of Europe GmbH and its branches in Italy, Germany, Austria, Switzerland and the United Kingdom; and Nintendo of America Inc. (located in the United States). Depending on your country of residence, we may also share your information with our third party distributors that provide consumer support services in connection with Nintendo Account for your country (including hardware and repair services for User Devices manufactured by Nintendo). Your information will be used in accordance with this Privacy Policy and as far as this is necessary for performing consumer support services. A list of the third party distributors is available at support.nintendo.com. Nintendo may also use third-party data processors acting in the interest of Nintendo to administer and process your information strictly in compliance with this Privacy Policy. 7 Safeguarding your Personal Information Nintendo will take reasonable steps to ensure the security, integrity and privacy of the Personal Information which it collects. This includes appropriate measures to protect electronic materials and materials in hard copy. Nintendo will take reasonable steps to assure that third parties to whom Nintendo transfers any Personal Information will provide sufficient protection of that Personal Information. 8 Access to, Correction and Deletion of Information Nintendo will take all reasonable steps to ensure that your Personal Information which Nintendo collects, uses or discloses is accurate, complete and up-to-date. You can access or correct the information you provided in the settings of your Nintendo Account, or by sending an email to Nintendo. Contact details of your local Privacy Compliance Officer can be found below. You can delete your information at any time by deleting your Nintendo Account in the account settings, or by sending an email to Nintendo. Your data will be deleted, unless we are required or permitted to retain it by law. The deletion of your Nintendo Account will lead to a termination of the Nintendo Account Agreement and prevent you from using the Nintendo Account Service. 9 Changes to this Privacy Policy Nintendo reserves the right to make changes in or to update this Policy at any time to reflect changes in its business requirements, changes in the law or technological developments. If you would like a copy of this Privacy Policy or have any questions, complaints or comments regarding it, please contact Nintendo's Privacy Compliance Officer (see contact details below). 10 Complaints and Further Information If you have any complaints about Nintendo's privacy practices, would like further information or would like to do any of the things listed in section 8 of this Privacy Policy please contact our Privacy Compliance Officer on the contact details below. Our Privacy Compliance Officer will review and investigate your complaint and communicate their findings and any proposed remedial action to you. 11 Contact Us If you have any questions about this Privacy Policy, please contact us by email. Contact details of your local Privacy Compliance Officer are: Privacy Compliance Officer, Nintendo Australia, 804 Stud Road, Scoresby, Victoria, 3179, e: nintendoaustraliaprivacy@nal.nintendo.com.au Go Via CUSTOMER SERVICE AGREEMENT – go via road pass 6 2. to a pass or an account in the order listed below, if we don’t detect a tag at the time of travel or are unable to charge the account associated with a detected tag: a. go via video pass (Trip pass or Toll Credit pass) b. go via road pass c. pre-paid or post-paid go via account. If there are multiple passes linked to the vehicle at the time of travel, the pass with the earliest expiry date will be charged. If there are multiple accounts linked to the vehicle at the time of travel, the account to which the vehicle was most recently linked will be charged. 3. to a valid pass or account with a compatible road operator. 4.3 Providing a valid credit card When you apply for a pass, you must give us your credit card details so we can charge tolls, fees and charges to your pass. We accept the following credit cards: Visa MasterCard American Express Diners Club. 4.4 Charging your credit card We charge your credit card every seven days, for any tolls, fees and charges that are processed to your pass during the previous seven-day period. For the purposes of credit card authentication, when setting up your pass, we may place a temporary hold for a small sum on your credit card which automatically expires after five business days. This is to ensure your credit card is valid at the time your pass is set up. No money will be taken from your credit card. We may charge your credit card even after your pass ends to process tolls, fees and charges that applied to the vehicle while the pass was valid. Some charges may be processed to your pass up to 60 days after the vehicle travelled on our motorway or a Queensland compatible road. 4 Paying for your tolls CUSTOMER SERVICE AGREEMENT – go via road pass 9 8 Privacy 8.1 Personal information we hold We hold electronic or other records about you and each of your tolling products. Those records include the following details: the information you give us in an application or other notification (including your credit card details), and all transactions linked to your pass. 8.2 How we can use and disclose your personal information You agree that we can collect, use and disclose your personal information: to complete our obligations and exercise our rights under this Agreement, and in accordance with our Privacy Statement. 8.3 Our Privacy Statement Our Privacy Statement outlines how we collect, use and disclose your personal information. It also explains how you can access the personal information we hold about you and ask us to correct it. You can access a copy of our Privacy Statement electronically at govia.com.au or by contacting us (see section 13 for our contact details). 8 Privacy CUSTOMER SERVICE AGREEMENT – go via road pass 10 9 Enquiries, complaints and disputes You should contact us about your pass or this Agreement if you: have any questions want to make a complaint want to raise a dispute. You may contact us by using any of the methods set out in section 13. Once you contact us, a customer service officer will respond to you as soon as possible. If you’re not satisfied with the response, you can ask for the matter to be reviewed by our customer relations team. If you are still dissatisfied with the outcome you can contact the Tolling Customer Ombudsman. To find out more about that process, you can download the information brochure on the Tolling Ombudsman website at www.tollingombudsman.com.au or by calling 1800 145 009. Please note the Tolling Ombudsman will only review a complaint if it has been through Transurban Queensland’s full internal complaint resolution process and is still not resolved. 10 Changes to this Agreement 10.1 How we may tell you about changes We may change any of the terms of this Agreement by publishing the changes or a new agreement at govia.com.au. We will also try to notify you beforehand by your preferred contact method. A summary of any changes to the terms may also be published in The Courier–Mail or any successor publication. If you are not satisfied with any changes to the terms of this Agreement, you can cancel your pass at any time (see section 7). 10 Changes to this Agreement 9 Enquiries, complaints and disputes CUSTOMER SERVICE AGREEMENT – go via road pass 11 11 Liability 11.1 Our liability You may have rights as a consumer under the Australian Consumer Law. Nothing in these terms limits or excludes our liability: under the Australian Consumer Law, except to the extent we are permitted to limit or exclude our liability under the Australian Consumer Law, or for personal injury or death caused by our negligence. If we find that you have been incorrectly charged a toll or fee, our liability to you will be limited to refunding that overpaid toll or fee to you. 11.2 Use of our roads You acknowledge and agree that: we do not guarantee that our roads will always be available or that traffic flows will be uninterrupted we are not aware of the purpose of your travel on our roads and you (and any person who drives the vehicle) are responsible for planning your journey and allowing sufficient time in case traffic is disrupted or a road is fully or partially closed, and we do not guarantee that the services or our roads will be fault free or that use of the roads will be risk free. From time to time, maintenance or other work may need to be completed on our roads. That work may disrupt traffic flows on those roads. We will try to minimise these disruptions. 11 Liability CUSTOMER SERVICE AGREEMENT – go via road pass 12 11.3 Exclusions from liability Except as set out in section 11.1, Transurban Queensland and the Transurban Queensland Group are not liable to you, any person who drives the vehicle or any other road user or any person claiming through you in relation to: any loss or damage suffered as a result of any delay or disruption arising out of use or unavailability of our roads or caused during, or as a result of, use of our roads any loss or damage arising out of any error or delay in processing tolls and fees and charging them to your pass (including any incorrect tolls and fees), and any loss of opportunity, loss of profit, loss of revenue, loss of anticipated savings or loss that would be considered consequential or indirect, irrespective of how that loss was caused and whether arising under this contract or under another principle of law. 11.4 Assigning this Agreement You may not assign this Agreement to any person. 11.5 Governing law This Agreement is governed by the law of Queensland. 11.6 Severance If any part of this Agreement is void, unenforceable or illegal, that part will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect. 11 Liability CUSTOMER SERVICE AGREEMENT – go via road pass 13 12 Definitions Australian Consumer Law The Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Class The class of vehicle is defined in Queensland, Queensland Government Gazette , No 73, 31 March 2011, and listed at govia.com.au. The class is used to determine the applicable toll charge for that vehicle. Compatible road A road, access point or facility that is not one of our roads but where we have an agreement with the operator of that compatible road, access point or facility. Your go via road pass is only valid for travel on our roads in Queensland. Visit govia.com.au for a list of compatible roads. Our, us, we and Transurban Queensland Queensland Motorways Management Pty Ltd ACN 010 630 921. Purpose of use The purpose for which the vehicle is used (either commercial (business) or private use), as specified in your vehicle registration status with the relevant road authority in the State the vehicle is registered. Transurban Queensland Group Queensland Motorways Holdings Pty Limited ACN 150 265 197 and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)). Sign up without statement/receipt This is an express payment option where the pass holder does not require a statement/receipt or electronic access to view trips made or track costs. Sign up with statement/receipt This option enables the pass holder to manage the pass electronically to retrieve a statement/receipt, view trips made and track costs. Toll invoice A toll invoice is a notice requiring payment of the relevant toll, video matching fee and a toll invoice fee. Vehicle A motor vehicle as that term is defined in the Transport Operations (Road Use Management) Act 1995 (Qld), and ‘ the vehicle ’ means the vehicle linked to your pass. Yo u The customer who applies for a pass under this Agreement. 12 Definitions CUSTOMER SERVICE AGREEMENT – go via road pass 14 13 Contact us You may contact us through any of these ways: visiting govia.com.au calling 13 33 31 writing to Customer Service Queensland Motorways Management Pty Ltd, PO Box 2125, Mansfield Qld 4122 calling the National Relay Service on 13 36 77 and asking for 13 33 31 calling the Translation and Interpreting Services on 13 14 50 and asking for 13 33 31. 14 Notices and other documents Any demand or notice under any agreement you have with us will be served on you if: it is served personally it is left at the address for you in our records (if any) or your last known address to us it is sent by mail to the address for you in our records (if any) or your last known address to us, if so it is deemed to have been delivered in the ordinary course of post, even if it never arrives, or it is sent by facsimile transmission, email or other electronic means to any number or address you give us. We may serve court documents on you in the same way. Go Via Privacy Policy About this policy This Privacy Policy outlines the commitment of Queensland Motorways Holding Pty Limited and its controlled and related entities (“Transurban Queensland” or “we”, “us” or “our”) to protect the privacy of our customers’ personal information. We comply with all relevant privacy laws, including requirements applicable to us under: the Privacy Act 1988 (Cth); the Transport Infrastructure Act 1994 (Qld); and Australian Standard 4721–2000: Personal privacy practices for the electronic tolling industry. This Policy sets out, in general terms, how we manage personal information, including, generally, the kinds of personal information we may collect, the purposes for which we may collect it and how we hold, use and disclose personal information. By using our products or services or providing personal information to us, you agree to the terms of this Policy. Collection of personal information Transurban Queensland collects your personal information to allow it to perform its business functions and activities. These may include: providing you with Transurban Queensland’s products and services; administering and managing Transurban Queensland’s products and services provided to you, including calculating and collecting tolls, fees and charges prescribed by law or otherwise payable for Transurban Queensland’s products and services; administering and managing products and services provided to you by other toll road operators, if you choose to use a Transurban Queensland product to pay for those products or services (for example, using an etag provided by Transurban Queensland for travel on another operator’s toll road); verifying your identity; conducting relevant and appropriate checks for creditworthiness and fraud; undertaking traffic planning and vehicle management services; conducting market research and research regarding traffic conditions; meeting our obligations and performing our functions under applicable laws and agreements; preventing or investigating any fraud or crime (or suspected fraud or crime); responding to your queries; notifying you of changes to our tolls, fees, charges, agreements, products or services; Unless you ask us not to, we may also use your personal information to contact you about Transurban Queensland’s products or services that you might be interested in. You can opt-out of receiving this information on an application form when you create an account with us or purchase a service or by using the unsubscribe facility available in our marketing communications. You can also opt out by contacting us using the details set out at the end of this policy. The types of personal information Transurban Queensland collects and records include: your name and contact details; banking/payment details (e.g. account numbers, credit card numbers); vehicle details, including the Licence Plate Number (LPN); images and video footage including of people and vehicles on roadways and the LPN and occupants in vehicles; tag details; for business accounts, information collected from referees as part of the sign-up process; information on your use of the Transurban Queensland website collected using cookies; and information we collect as part of a survey, customer feedback request or a competition you participate in. If necessary, Transurban Queensland may also ask you to provide additional personal information from time to time. In some circumstances, Transurban Queensland may collect your personal information from third parties, including the Department of Transport and Main Roads. Where this occurs, we ensure that we act in accordance with relevant laws. If you do not provide Transurban Queensland with personal information, we may be unable to supply you with products or services. Disclosure of personal information In order to provide you with the products or services you request, Transurban Queensland may disclose your personal information to Transurban Queensland’s consultants, contractors and service providers performing services for Transurban Queensland including (but not limited to) debt recovery, credit reporting, mail-house, email distribution, legal and accounting, call centre operators and information technology service providers. If your personal information is collected by one entity in the Transurban Queensland group of entities, it may also be disclosed to other Transurban Queensland group entities. By disclosing personal information to any entity in the Transurban Queensland group, you consent to all other Transurban Queensland group entities using that personal information for the purposes described above under the heading ‘Collection of personal information’. If all or part of the Transurban Queensland group or its assets is sold or restructured, you consent to the transfer of your personal information to the purchaser or a new entity created as part of a restructure. When you apply for an account, Transurban Queensland may disclose your personal information to a credit reporting agency to obtain a credit check. If you have amounts owing under your account, Transurban Queensland may disclose your personal information to: a credit reporting agency, to report the debt; a debt collection or enforcement agencies, to pursue the debt; and a legal firm, for legal services in relation to debt recovery. We may also disclose limited amounts of personal information (usually the LPN and tag details only) to other toll road operators to administer and manage your travel on non-Transurban Queensland toll roads. In order to protect your credit card information we may implement tokenisation. This will involve disclosing your credit card data to a bank or other financial institution, who will securely store that information on behalf of Transurban Queensland, and assist with processing any authorised transactions. If a vehicle registered in your name is linked to a Transurban Queensland account, Transurban Queensland may disclose information about trips your vehicle makes across our roads to the account holder. If your vehicle is involved in or in the vicinity of a road incident, , Transurban Queensland may disclose your personal information to emergency services, insurance providers and towing, roadside support and maintenance and logistics contractors. This may information may include images and video footage of the incident and the vehicles involved, as well as the details of any vehicles and occupants.. A “road incident” also includes property and road damage caused by your vehicle. Examples of where Transurban Queensland may disclose your personal information in a road incident include: where you are involved in a vehicle collision; where your vehicle is within the vicinity of a collision, and may be captured in video footage or images; where your vehicle causes property or road damage; or where you are in a vehicle that causes property or road damage. Other than those third parties referred to above, Transurban Queensland will not disclose your personal information to any other third party unless it has reasonable grounds to believe: you have authorised Transurban Queensland to do so; your safety, or the safety of others in the community, is at risk; or Transurban Queensland is required or permitted by law to do so. If Transurban Queensland provides your personal information to a third party, Transurban Queensland generally requires the third party to protect your personal information in the same way Transurban Queensland does. Cross-border disclosures Transurban Queensland may disclose information to recipients that are located outside Australia. Transurban Queensland may disclose personal information to overseas contractors, and may use off-shore servers for the purposes of data storage. Transurban Queensland has engaged contractors in the Philippines and certain other countries, and may disclose certain personal information to those contractors. Transurban Queensland will take commercially reasonable steps to ensure that any overseas recipient does not breach the Australian Privacy Principles (other than Australian Privacy Principle 1) in relation to the personal information. Storage of personal information Transurban Queensland uses reasonably appropriate safeguards and security measures to ensure personal information it holds about you is protected from risks such as misuse, interference, unauthorised access, modification or disclosure. Personal information is only retained for as long as is necessary for the identified purposes or as required by law. Information access and correction Transurban Queensland takes reasonable steps to ensure personal information it holds about you is accurate, complete, up-to-date, relevant and not misleading. You have rights to access the personal information Transurban Queensland holds about you. You may do so by contacting the Privacy Officer (contact details below). We will not charge you a fee for your access request, but we reserve the right to charge a reasonable fee for the preparation and provision of that information to you. Transurban Queensland can only refuse your request if permitted by law. If your request is refused, Transurban Queensland will provide you with a written explanation for that refusal. You also have rights to request the correction of personal information which Transurban Queensland holds about you. You may do so at any time by contacting the Privacy Officer (contact details below). Transurban Queensland reserves the right to refuse to correct your information in some circumstances. If Transurban Queensland refuses to correct any personal information about you, and subsequent agreement cannot be reached between you and Transurban Queensland, you may request that a note or statement regarding the correction requested be attached to the file that contains your personal information. Sensitive information We will only collect sensitive information about you with your consent (unless we are otherwise allowed or required by law to collect that information). Sensitive information includes information about your health, racial or ethnic origin, religious beliefs and criminal record. Transfer of information overseas Transurban Queensland does not currently transfer any of your personal information outside of Australia. If this changes, we will inform you of the change by updating this Policy. Monitoring of Calls We may record and monitor telephone calls between you and us for training, service quality control and compliance purposes. Changes to this privacy policy Transurban Queensland reserves the right to change this Policy from time to time. If Transurban Queensland changes this Policy, it will post an updated copy on its website. Complaints If you have any complaints about Transurban Queensland’s treatment of your personal information, please contact the Privacy Officer (contact details below). We take your concerns seriously, and will respond to any complaints as soon as possible. Hypnosis Downloads.com Terms of Use The Hypnosis Downloads.com Ltd terms of use serve to protect both parties by preventing confusion, misunderstanding, and to ensure we both act fairly. Please read carefully these terms of use which apply to your use of the HypnosisDownloads.com website and any downloads, scripts or other products that you order from it (together referred to as "the Site") because by accessing the Site you are agreeing to be legally bound by these terms. These terms may be updated by us from time to time without notice to you. You should review the Site periodically for changes to these terms. About Us The Site is operated and wholly owned by Hypnosis Downloads.com Ltd, a company registered in England no. 03573107, whose registered office is at First Floor, 69 Church Road, Hove, East Sussex, BN3 2BB, England, UK. After the founders Mark Tyrrell and Roger Elliott had been delivering hypnosis training for 3 years, HypnosisDownloads.com's sister company Uncommon Knowledge Limited was set up in 1998. Uncommon Knowledge Ltd is a well-established hypnotherapy centre specialising in the provision of hypnosis resources online and offline in accordance with the education, training and experience that we have. Read more about us here. Privacy Policy We respect your privacy. Your contact information and certain other information about you is subject to our Privacy Policy. Directions for use of HypnosisDownloads.com - IMPORTANT INFORMATION The Site lists and describes a number of downloads of spoken-word hypnosis script recordings which may be purchased online by following the simple instructions on the Site. Your purchase of any hypnosis downloads subject to confirmation by us and governed by these terms and any other conditions specified on the Site or in emails or other product information from us at the time of purchase. The Site is intended to help you to benefit from the positive effects of hypnosis to help you in your quest for optimum health and happiness. Whilst hypnosis is known to have achieved exceptional and consistently successful results in the ways described on the Site, it should not be used as a substitute for your doctor's role in monitoring your health. The Site has not been evaluated by any government or official body. Nothing offered on or offline is intended to diagnose, cure or prevent any disease or disorder of any kind. If you are in any doubt over a health or emotional issue, you should seek the advice of your GP or professional advisor or therapist. You must be 18 years of age or have parental consent before using this website, or any of our affiliates' products or services. You must always follow the guidance notes and advice accompanying any downloads or content on the Site. When listening to downloaded hypnosis sessions, you must be in a place where you can safely relax and sleep. Never listen to hypnosis sessions whilst driving or operating machinery. Permitted use of hypnosis downloads: By purchasing any hypnosis downloads via the Site you shall be entitled to: download the hypnosis download as an MP3 file onto a single computer or by any other means agreed between us from time to time; save a copy of the hypnosis download onto a CD, tape, mini-disc, MP3 player or onto the hard drive of your computer; use the hypnosis download by listening to it for your own personal use in accordance with any instructions given to you by us. You must not use any content of the Site or hypnosis downloads or hypnosis scripts for any commercial purpose, unless you are a practising professional hypnotherapist in which case you may use the hypnosis downloads or hypnosis scripts for the purposes of your own professional development, by which we mean that: you may use any hypnosis downloads or hypnosis scripts that you purchase as reference materials for your own one-to-one therapy sessions with clients in accordance with acceptable practices; but you MAY NOT make available copies or play any of the hypnosis downloads or hypnosis scripts to your clients; and you MAY NOT claim to be associated with us in any way or to use our name in connection with your own practice. We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these terms. If you are purchasing hypnosis downloads as a consumer, nothing in these terms shall be deemed to have affected your statutory rights. Permitted use of other Site content With respect to other material available from the Site (such as the e-mail hypnosis course) you may download and save the content for your own personal, non commercial home use. Intellectual Property Rights The Site including all hypnosis downloads, hypnosis scripts or other content provided by us to you (together "Content") are all protected by our intellectual property rights, including but not limited to copyright and trade marks. Except as expressly authorised by us, you may not copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute, communicate or make available to the public or create derivative works of any Content, in whole or in part. Dealings with Third Parties and Links The Site may provide links to other web sites or resources. As we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, do not endorse and are not liable for any content, advertising, products, or other materials on or available from such sites or resources. Any dealings by you with any third party on or through the Site shall be solely between you and that third party and, so far as permitted by law, we shall not be liable for any loss or damage which you may incur as the result of any such dealings. Warranty and money-back guarantee We are confident that you will achieve positive benefits by using the hypnosis downloads that you purchase. If you find that the hypnosis download does not achieve what you wanted, contact us to let us know within 90 days from the date of purchase and we will refund you in full. No questions asked. This guarantee is restricted to one order per customer, although this may be waived at management discretion for customers with an established order history of non-refunded purchases over a period of 6 months or longer. Our customer service team will normally deal with your refund request within 24 hours. If you have not received a reply from us after 48 hours, please check your spam or junk folder as sometimes legitimate emails get put there by mistake. If you haven't had a response, please contact us again, making sure your contact email address is entered correctly. Please not that if you paid by card, although refunds normally go through instantly, they can occasionally take up to 10 days to show on your card statement. More information on delivery and refunds here Disclaimers Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes and requirements. Nothing in this site or our hypnosis downloads have been audited by regulatory or governmental authorities. In making this site available, no medical, client, advisory, fiduciary or professional relationship is implicated or established between us. The Content has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the Content, but we can give no guarantee that the Content is complete, accurate or up to date. General liability So far as permitted by law, and except in respect of death or personal injury arising from negligence, our liability for loss or damage of any kind resulting from the use of the Site or any Content, advertisements or products provided or distributed through the Site including, without limitation, economic loss or any special, indirect, incidental or consequential loss or damage, whether or not the possibility of such loss has been notified to us shall be limited to the aggregate purchase price of your hypnosis downloads. The foregoing will apply whether such loss or damage arises in contract, negligence, under statute or otherwise. Nothing in these terms affects any liability for fraudulent misrepresentation. General Information These terms constitute the entire agreement between you and us. Any failure by us to exercise or enforce any provision of these terms shall not constitute a waiver of such provision. These terms and the relationship between you and us shall be governed by the laws of England and any dispute will be decided by the English courts. Gumtree Terms of Use IMPORTANT NOTICE RE: UPDATED TERMS OF USE: Effective 1 July 2017, the Services (as defined below) will be provided to you by Gumtree AU Pty Ltd, which is part of the same corporate family as Marktplaats B.V, the company currently providing the site to you. Gumtree AU Pty Ltd will also be the applicable data controller from 1 July 2017. Gumtree Terms of Use Introduction. Welcome to www.gumtree.com.au. Thanks for stopping by. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). You can find an overview of our policies here . All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with the full Terms of Use when accessing or using our Services. The Terms of Use set out below take effect from 1 July 2017. A copy of the Terms of Use in effect prior to 1 July 2017 can be located here. The Services are currently provided to you by Marktplaats B.V, Wibautstraat 224, 1097 DN Amsterdam, The Netherlands, also referred to below as “Gumtree”, “we”, “our” or “us”. Effective July 1, 2017, the Services will be provided to you by Gumtree AU Pty Ltd. Your Account. To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account. You may connect to the Services with a third-party service (e.g., Facebook or Google+) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account has been compromised or misused, contact us immediately at Gumtree Customer Support. Using Gumtree. To use the Services, you must be over 18 years old. You agree that you will post in the appropriate category or area and you agree that you will not do any of the following bad things: violate any laws or the Posting Rules; post any threatening, abusive, defamatory, obscene or indecent material; be false or misleading; infringe any third-party right; distribute or send communications that contain spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Gumtree, the Services or the interests or property of Gumtree users; impose an unreasonable load on our infrastructure or interfere with the proper working of the Services; copy, modify, or distribute any other person’s content without their consent; use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission; harvest or otherwise collect information about others, including email addresses, without their consent; and/or bypass measures used to prevent or restrict access to the Services. Abusing Gumtree Services. Gumtree and the Gumtree community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to Gumtree and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that Gumtree is not under any obligation to monitor any data or content which is submitted to or available on the Services. ​​​ Global Marketplace. Some of the Service’s features may display your ad on other sites in the global eBay community, like on eBay or our classifieds sites in other countries. By using the Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy. Fees and Services. Using the Services is generally free. We may sometimes charge a fee for certain features or Services. If the feature you use incurs a fee, you will be able to review and accept that charge before purchase. Our fees are quoted in Australian Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site. We may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site. Our fees are non-refundable after the feature is supplied, and you are responsible for paying them when they are due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using collection mechanisms, including third party debt collection services. Australian taxes associated with our Services will be collected where applicable. You agree to provide accurate information necessary for Gumtree to comply with our obligations under applicable law. You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on Gumtree’s Services. Content. Gumtree’s Services contain content from us, you, and other users. Gumtree is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party. Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO). Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Infringement (NOCI) form, fill it out, and fax it to Gumtree. Only the intellectual property rights owner can report potentially infringing items or listings through Gumtree’s VERO Program. After we receive your first NOCI, Gumtree will confirm your enrolment in our program and send you the instructions on how to submit future reports electronically. We can share, in accordance with applicable law, the completed NOCI form with the third party that originally posted the potentially infringing listing. Third Party services on Gumtree. You may use the PayPal payment gateway for some financial transactions on our Services. When you link your PayPal account to your Account, you can use your PayPal account to pay or be paid for items by buyers or sellers while using Gumtree’s Services. You acknowledge and agree that by utilising any third party services through our Services (such as PayPal), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services. If you to link your PayPal account to your Account you appoint Gumtree as your limited agent to: a. provide to PayPal your name, address, payment amount, item details, item category, and all other information required by PayPal to enable PayPal to process payments to or from your PayPal account; and b. receive payment confirmation and decline notices from PayPal in respect of your PayPal payment transactions. When you link your PayPal account to your Account, we accept our appointment as your limited agent to undertake those activities specified in the paragraph above. Our appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to your PayPal account. If you have a dispute with PayPal, a buyer, or a seller, that does not arise directly as a result of an error by Gumtree, in respect of any payment transacted (or failed to be transacted) on your PayPal Account, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. Gumtree is not able to access your complete financial details from PayPal or your PayPal account. At no time does Gumtree hold any of the funds when a buyer pays a seller using PayPal. Funds are transferred directly by PayPal from the buyer’s PayPal account to the seller’s PayPal account after the deduction by PayPal of any relevant PayPal fees. PayPal's terms and conditions apply to your use of PayPal when you access PayPal’s services from our Services, and you must agree to PayPal’s terms and conditions in order to use the PayPal’s services. You acknowledge and agree that, to the extent permitted by law, we are not liable to you for any loss or damage you incur arising from your use of the PayPal method, unless such loss or damage was as a direct result of Gumtree’s error, in which case our liability is limited in accordance with clause 11. Legal and Financial Advice. You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before buying or selling an item via our Services. You acknowledge and agree that the information provided by Gumtree in relation to using PayPal’s services is factual in nature only and Gumtree has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use PayPal’s services and that you cannot rely on any of Gumtree’s advertising materials, terms, instructions or policies as a recommendation, statement of opinion or financial product advice. Limitation of Liability. Nothing in these Terms of Use (including this clause 11) excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency. Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, Gumtree’s liability to you for any failure by Gumtree to comply with any statutory guarantee under the Australian Consumer Law is limited to Gumtree supplying the Services again or paying you the cost of having the Services supplied again. Gumtree excludes any liability to you for any loss or damage suffered by you as a result of Gumtree failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by Gumtree. Indemnification. You will indemnify and hold harmless Gumtree and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations. Release. If you have a dispute with one or more Gumtree users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. Personal Information. By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in the United States and in the European Union as further described in our privacy policy. Severability. If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use. General. These Terms of Use and the other policies posted on the Services set out the entire agreement between Gumtree and you, overriding any prior agreements. From 1 July 2017, this agreement is governed by the laws of New South Wales, Australia. We both submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these Terms of Use, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices about illegal or infringing content, your notices to us must be sent by registered mail to: Gumtree AU Pty Ltd C/- Marque Lawyers Level 4, 343 George Street Sydney NSW 2000 Australia We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us. Send questions, comments or complaints to Gumtree Customer Support. Mobile Devices Terms. If you’re accessing Gumtree Services from a mobile device using a Gumtree Mobile Application (the “Application”), the following terms and conditions (“Mobile Devices Terms”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Mobile Devices Terms. Application Use. Gumtree grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.gumtree.com.au website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application. Intellectual Property - Applications. Gumtree owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Gumtree’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Gumtree Application. Prohibited Countries Policy and Foreign Trade Regulation - Applications. Gumtree Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using a Gumtree Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties). Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on: iOS – Apple 1. These Mobile Devices Terms are an agreement between you and Gumtree, and not with Apple. Apple is not responsible for the Application and the content thereof. 2. Gumtree grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. 3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. 4. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim. 5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. 6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. 7. Apple and Apple’s subsidiaries are third party beneficiaries of these Mobile Devices Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Devices Terms against you. Windows – Microsoft 1. These Mobile Devices Terms are an agreement between you and Gumtree, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application. 2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control. 3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application. 4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. 5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Mobile Devices Terms cannot change. 6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor. Last Modified: 25 May 2017 Scope and Consent User-added image This Privacy Notice describes the personal information we collect and how we use that information; when we might disclose your personal information; and how we keep and protect your personal information. It applies to this Site and to any Services where this Privacy Notice is referenced. By using our Services and/or registering for an account, you are accepting the terms of this Privacy Notice and our Terms of Use. If you do not provide the information we require, we may not be able to provide all of our Services to you. Gumtree AU Pty Limited, is responsible for the collection, use, disclosure, retention and protection of your personal information under our global privacy standards and applicable national laws. Gumtree may transfer data to other members of our corporate family as described in this Privacy Notice who may process and keep your personal information on servers in the European Union, United States and elsewhere in the world where our data centres are located. What is Personal information? “Personal information” is information that can be associated with a specific person that could be used to identify that specific person, either from the data directly or from that data combined with other information that we have, or are likely to have, access to. Personal information doesn’t include anonymous or aggregated information that can no longer be used to identify a specific person. Public Information? Public information is any information, including personal information, you share with a public audience, including personal information you publish on our Site. Public information is available to anyone on or off our Services and can be seen or accessed through online search engines, APIs, and offline media, such as on TV. Changes to this Privacy Notice We can change this Privacy Notice at any time by posting the updated terms to the Site. The updated terms automatically take effect 30 days after they are posted. We may announce any changes to this Privacy Notice on our Site and/or via email if we believe they are material. Global Privacy Standards User-added image Gumtree is part of the eBay Classifieds Group, which is owned by eBay Inc. Our group has global privacy standards called Binding Corporate Rules (BCRs). They are our commitment to protect your personal information and honour our privacy obligations within our corporate family. Our BCRs have been approved by a number of European Union privacy regulators. More information about our BCRs and our global privacy standards is available at our eBay Privacy Center. Collection User-added image We collect information you give us including: When you register for an account: Information such as your name, addresses, telephone numbers, email addresses or user ID (where applicable) when you register for an account with us When we verify you or your account: we may collect and process information (as permitted by law) to authenticate you or your account, or to verify the information that you provided to us When you transact on or use our Services: such as when you post an ad, reply to an ad, communicate with us or other users, information you provide for the Services that you use or during a transaction or other transaction-based content. We may also collect your financial information (such as credit card or bank account numbers) if you buy a feature from us or are required to pay fees to us When you engage with our community: such as when you submit a web form or participate in community discussions or chats When you interact with your account: such as updating or adding information to your account, adding items to alerts lists and saving searches. Sometimes you may also give us your age, gender, interests and favourites When you contact us: such as through a web form, chat or dispute resolution or when we otherwise communicate with each other. We may also record our calls with you (if we have your consent to do so) Your resume if you choose to submit it to advertisers on our sitefor consideration We collect information automatically including: Information from the devices you use when interacting with us or our Services such as device ID or unique user ID, device type, ID for advertising and unique device token Information about your location such as geo-location Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information We collect information using cookies, web beacons and similar technologies including: Information about the pages you view, the links you click and other actions you take on our Services, or within our advertising or email content. For more information about our use of these technologies and how to control them, see our notice on Cookies, Web Beacons and Similar Technologies. Information we collect from other sources including: Information we get from third parties which we may use to supplement your account information. For example, we may collect and use demographic information that is publically available, additional contact information, credit check information and information from credit bureaus, as allowed by applicable national laws. Information from social media sites when you use those sites to register, share information or connect to your account. Those sites may automatically give us access to some personal information they hold about you (e.g., content you viewed, content you liked, and information about the advertisements you were shown or clicked on, etc.). If you give us access to any account with video content, we may share your video viewing with, or collect information about your video viewing from, third-party social media sites for at least two years or until you withdraw consent. You control the personal information we have access to through your privacy settings on the social media site and the permissions you give us when you grant us access. When you grant us access to information held by social media sites you agree that we may collect, use and retain it in accordance with this Privacy Notice Information other users may provide about you. If another user gives us information about you, they must tell you about our collection, use, disclose and retention policies before giving us the information. They must also get your explicit consent before giving us your information Use and Retention User-added image We use your personal information to provide, improve and personalise our Services Your personal information allows us to: Provide you with access to and use of our Services as well as access to your history, internal messages and other features we may provide Offer you site content that includes items and services that you may like Provide you with credit offers and opportunities on behalf of other members of our corporate family and their financial institution partners. However, we don’t share financial information without your explicit consent Customise, measure and improve our Services Provide other services requested by you as described when we collect the information To provide you with location-based services (such as advertising, search results and other personalised content) We use your personal information to contact you about your account: We may contact you via Gumtree My Messages, email, telephone, SMS messages or postal mail: To give you customer support about your account such as to troubleshoot problems, to resolve a dispute, to collect fees or monies owed to us, or to get your opinion through surveys For other reasons such as to enforce our Terms of Use or policies and any other agreement we may have with you We use your personal information to personalise our advertising and marketing, including to: Personalise, measure and improve our advertising Contact you, either via email, telephone, SMS text messages or postal mail to offer you discounts and special promotions and to let you know about our Services and those of our corporate family (if you have consented to this contact). Message and data rates may apply Deliver targeted marketing, service updates and promotional offers We use your personal information for legal compliance reasons, including to: Prevent, detect, mitigate and investigate fraud, security breaches, potentially prohibited or illegal activities Enforce our Privacy Notice, our Terms of Use or other policies Retention of personal information: If your account is active, we will keep your personal information as long as we need it for our operations. We may also keep personal information from closed accounts to comply with national laws, stop fraud, collect fees owed, assist with any investigation, enforce our Terms of Use and take other actions under applicable national laws. If we no longer need your personal information, we securely dispose of it. Choice User-added image Marketing Communications. If you don’t want to receive marketing communications from us, you can unsubscribe via the link in the email you received. Registered users may also unsubscribe via the communication preferences options in their profiles. Push Notifications. Upon download of certain Services, you are provided the option to opt into receiving push notifications from Gumtree on your device and within the application. We send you push notifications from time-to-time to (a) inform you of service related messages, (b) communicate messages from others in the Gumtree community and (c) update you about any events or promotions that we may be running. If you no longer wish to receive notifications from us, you can, where applicable, change your preferences by logging into your account or by disabling notifications in your device settings. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information. Access User-added image You can see, review and change your personal information by signing in to your account. Please update your personal information immediately if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. If you ask us to, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and as required under applicable national laws. We will honour your right to request access to, or modification or deletion of, your personal information. We may have the right to withhold that access or refuse to modify or erase your personal information under applicable national laws, but we will give you reasons if we do so. To contact us about access and to find out if any fees apply, please contact Customer Service. Disclosure User-added image We disclose your information to our corporate family members, who may use it to: provide joint content and services (like registration, transactions and customer support) help detect and stop possible fraud and illegal acts, violations of our Terms of Use, and data security breaches offer you personalised advertising guide decisions about their products, sites, applications, services, tools and marketing communications. Other group companies will not send you marketing communications unless you have consented to receiving their communications We may disclose your information to third-parties: third party service providers who help us provide our Services, payment processing services, assist us in providing customised advertising, help us with the prevention, detection, mitigation and investigation of potentially illegal acts, violations of our Terms of Use, fraud and/or security breaches, bill collection, affiliate and rewards programs and other business operations third party financial institution partners who may offer financial products to you, for them to provide joint content and services (such as registration, transactions and customer support). These third party financial institution partners will use your personal information to send you marketing communications only if you have requested their services Other third parties when you have given consent to share your information via Gumtree We may disclose your information to law enforcement and other parties in connection with the law, including: law enforcement or governmental agencies, or authorised third-parties, in response to a verified request regarding a criminal investigation, alleged or suspected illegal activity, or any other activity that may expose us, you or any of our users to legal risk participants of the Gumtree “Verified Rights Owners Program” under confidentiality agreement, if we decide that it is necessary to disclose that information in connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity credit agencies or bureaus as authorised by applicable national laws third parties commencing, or involved in, a legal proceeding if they provide us with a subpoena, court order or similar legal document other third parties to comply with our legal requirements, enforce our Terms of Use, respond to claims that a listing or other content violates the rights of others, or if we otherwise believe in good faith that the disclosure is needed to prevent imminent physical harm, harm to property, financial loss or to report suspected illegal activity Change of ownership If we were to merge with or be bought by another company, we may share information with them in accordance with our global privacy standards. The new combined entity would comply with this Privacy Notice. If your personal information is to be collected, used, disclosed or retained for any purposes not covered in this Privacy Notice, you will receive advance notice of any changes to the processing of your personal information. Security User-added image We protect your information using technical and administrative security measures. Our safeguards include firewalls and data encryption, physical access controls to data centres and information access authorisation controls. If you believe your account has been abused, please contact Customer Service. Important Information User-added image Social login When you use social login: If you sign into your social network account using the same email that you previously used to register for an account with us, you will access your existing account with us. If you sign into your social network account using an email address that we don’t recognise in our systems, a new account will be created in our systems for you. You may use social login or regular sign in each time you login into your account with us. If you use regular sign in but a password has not been issued to you (because you registered through social login) you need to get a password through the password reset flow. When you use social login the “keep me signed in” policies of the social network provider apply. We do not control those policies. For your safety we recommend that you: Don’t use social login if you are accessing our Services using a public or shared device Visit your social network provider site to learn about their sign in policies and your options Unwanted or threatening email We do not tolerate abuse of our Services. You do not have permission to add other users to your mailing list, call or send SMS messages for commercial purposes, even if a user bought something from you, unless the user has given their explicit consent. Sending unwanted or threatening email and SMS messages is against our Terms of Use. To report spam or spoof emails please contact Customer Service. Third party privacy practices This Privacy Notice addresses only the use and disclosure of personal information we collect from you. If you disclose your information to others, or if you are directed to a third party website, their privacy notices and practices will apply. We can’t guarantee the privacy or security of your information once you provide it to a third party. You should check the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information, even when dealing with buyers or sellers on our site. Questions or Complaints User-added image For questions about this Privacy Notice or our privacy practices: you can reach the Global Privacy Office: Through the Contact Us link at our eBay Privacy Center In writing at eBay Inc, Attn: Legal – Global Privacy Office, 2065 Hamilton Avenue, San Jose, California 95125, USA; Or contact us at: gumtreeprivacy@gumtree.com.au Please direct any privacy related complaints to the Global Privacy Office and identify the website that you are complaining about. We will try to provide a prompt response to your complaint. If you have an unresolved privacy or data use concern, please use the TRUSTe Watchdog Dispute Resolution Process or contact your privacy regulator. DITTY TERMS OF SERVICE AGREEMENT YOUR USE OF THIS WEBSITE, THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE (EACH AS DEFINED BELOW) INDICATES YOUR ACKNOWLEDGEMENT OF, AND AGREEMENT TO BE BOUND BY, THESE TERMS OF SERVICE. Your use of the Zya software (the “Software”), Zya’s Ditty mobile application (the “Application”), and any other software, mobile application, and/or website owned or operated by Music Mastermind, Inc., d/b/a Zya (“Zya”), including, without limitation, the website located at zyamusic.com, (“Ditty Website”), the Application, any other such software, applications and/or websites, and the Software are collectively referred to as the “Service”), including, without limitation, your use of sound recordings, musical compositions, sound effects, audiovisual recordings, text, graphics, information, newsletters, photographs, and other related content (the “Content”), is expressly conditioned on your acceptance of, and agreement to, this Terms Of Service Agreement (the “Agreement”). This Agreement sets forth the terms and conditions which apply to your use of the Service. By using the Service, you agree to abide by all of the terms of this Agreement. As used herein, the term “you” and “your” shall mean you, either individually or as a single entity. All references to “we,” “us” or “our” shall refer to Zya. You may only use the Service if you are thirteen (13) years old or older, and if you assume the obligations set forth in this Agreement, and assume full responsibility for your use of the Service. Any person who provided their personal information to Zya represents that they are thirteen (13) years of age or older. If you are 13 or older, but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it. If you do not agree with any of Zya’s guidelines, rules, regulations, restrictions, or with any terms of this Agreement, you must not use the Service and you must delete and/or uninstall the Service from your computer or mobile device. Zya reserves the right to modify this Agreement at any time, in accordance with the &ldqup;Change to Terms and Conditions” section set forth below. Your continued use of the Service following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. If you do not comply with the terms of this Agreement and Zya’s Terms of Service, which is incorporated herein by reference, at all times when using the Service, Zya reserves the right to deny or restrict your access to the Service. The terms and conditions of this Agreement shall apply regardless of the means by which the Service was accessed, including, but not limited to, through personal computers, mobile phone or computing devices, electronic mail, the Zya Website, or links from other websites. With respect to your permitted use of the Application as downloaded from the Apple App Store (the “Apple Application”) or Google Play (“Google Application”), you acknowledge that this Agreement is entered into between you and Zya, and not with Apple, Inc. (“Apple”) or Google Inc. (“Google”). Neither Apple nor Google are responsible for the Apple Application or the Google Application, respectively, and the Content contained in the Apple Application or the Google Application. 1. CONNECTIVITY, COMMUNICATIONS, PRIVACY. You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access the Application. Normal carrier charges and taxes may apply to any content you obtain from the Service. Zya is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Service. You expressly agree that, as part of the Service, you will receive communications by push notification and/or email, including promotional communications from time to time. You may elect to stop receiving promotional alerts via email by emailing your request to opt-out, along with your cell phone number to privacy@zyamusic.com or by disabling push notifications on your mobile device. You may not opt out of service-related emails. Use of the Service is subject to the terms of Zya’s “Privacy Policy” located at www.zyamusic.com/privacypolicy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. Any of your information which is collected by the Service is done so by Zya and not in any way by Facebook, in accordance with the terms set forth in Zya’s Privacy Policy. By using the Service, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Service, account registration, and any other personal information provided by you in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement. 2. USE OF THE SERVICE By using the Service, you agree that: a) Your use of the Service, including, without limitation, any of its Content, is solely for your own use and benefit. b) You will not interfere with any other user’s use and enjoyment of the Service. You will not use the Service or any of Zya’s or its affiliates’ or licensors’ trademarks, service marks, copyrights, or logos in any manner inconsistent with this Agreement or in unsolicited mailings or spam material. c) You will not submit, post, upload, distribute, or otherwise make available any blog or forum post, content, New Composition (as defined below in Section 25), New Master (as defined below in Section 25), or Video (as defined below in Section 25) that contains, in the opinion of Zya: (1) personally identifiable information about another person; (2) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable or unlawful material; (3) material that could harm minors; or (4) any material that infringes any intellectual property or other proprietary rights of any person or entity, or any right of any person or entity. d) You will not delete any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers, or modify any logos that you do not own or have written permission to modify. e) You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person’s username, password, name, likeness, voice, or photograph. You will not submit any personal information to the Service, about yourself or others, that is not accurate and truthful. f) You will not use the Service for any harmful or unlawful purpose, including, but not limited to sexual explicitness, racism, disparagement of any content provider to Zya, and engaging in (or attempts to engage in) any criminal activity including, but not limited to, stalking, sexual assault, fraud, harassment, terrorism and conspiracy to commit any criminal activity. g) You will not submit, post, upload, distribute, or otherwise make available any material that may contain a computer virus or other harmful material, or otherwise impair, interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment. h) You will not attempt to gain unauthorized access to Zya’s computer systems. You recognize that not all areas of the Service may be available to you. i) You are authorized to use Ditty Products (as defined below in Section 25), whether created by you or other users, only for personal, non-commercial use. Ditty Products may only be used on the Ditty Platform, the Facebook Messenger Platform, and/or other platforms expressly allowed by this Agreement (as this Agreement may be amended from time to time by Zya). You may not use Ditty Products on more than one (1) device at any time. You may not reproduce or copy a Ditty Product. You may not capture or otherwise copy any of the Ditty Products, whether into MP3 format, other downloadable files, or otherwise, except as otherwise specifically permitted by the Service and as specifically set forth herein. j) Some Ditty Products may be capable of being downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage Ditty Products once downloaded, and you may wish to back them up. k) Zya may, as a courtesy, allow you to store a limited number of Masters, Compositions, New Masters, New Compositions and Videos as files which are stored within the Service (&ldqup;Song Files”) and are accessible to you only through the Service. The amount of Songs allowed (the &ldqup;Song Storage Cap”), if so limited, may change from time to time, as indicated in the Service. You will not be allowed to store more Song Files than the Song Storage Cap. Though Zya may allow such storage through the Service, Zya is not responsible for the loss, destruction or damage of such Song Files. l) Despite the use of the term &ldqup;purchase” or other similar terms throughout this Agreement, the Ditty Products are licensed, not sold, to you. Your limited license to each Ditty Product that you obtain through the Service is subject to your prior acceptance of this Agreement, and you agree that the terms of this Agreement will apply to each Ditty Product that you license through the Service, unless that Ditty Product is covered by a separately noted Terms Of Service agreement, in which case the terms of such other agreement will apply. m) Your use of Ditty Products does not grant you the right to make any commercial use of any Ditty Products, including, but not limited to Compositions, Masters, New Masters and/or New Compositions. Any burning or exporting capabilities expressly made available to you by Zya, provided by Zya in connection with the Service are solely an accommodation to you, may only be used by you as reasonably necessary for personal and non-commercial use, and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Ditty Product. No use of the Service, nor any components thereof, shall be utilized by you in any manner in which it may be reasonably perceived that the Service (including a Master, New Master, Composition and/or New Composition) is endorsing any product or service whatsoever, except for any product or service related to the Service. n) You acknowledge that, because some aspects of the Service, Ditty Products, and administration of the Usage Rules entails the ongoing involvement of Zya, if Zya changes any part of or discontinues the Service, which we may do at our election, you may not be able to use Ditty Products to the same extent as prior to such change or discontinuation, and that we shall have no liability to you in such case. Further, you acknowledge that some aspects of the Service, Ditty Products, and administration of the Usage Rules entails the ongoing involvement of, and is subject to contractual obligations to, the Composition Owner(s) (as defined below in Section 25), the Master Owner(s) (as defined below in Section 25), and/or other licensors of Zya, in each case which may limit your rights and/or access to such Service and Ditty Products. For example, the rights to New Compositions and New Masters created from, Compositions and Masters are not unconditional and not in perpetuity, and after Zya’s rights to license Compositions and Masters to you expire or are otherwise terminated or limited, your rights to use and exploit the New Compositions and New Masters you have created from such Compositions and Masters may be limited or extinguished altogether at any time in Zya’s sole discretion without notice or liability to you. o) If the Composition Owner, Master Owner, or any other publisher, artist or other licensor of licensed content (contained in an Ditty Product), for any reason requests that Zya take down access to any particular Master or Composition that contains such Ditty Product, Zya has the right to take down, or otherwise revoke your access to, or your rights to further use of, the Master, Composition, New Master and New Composition, or Video, without any liability by Zya to you. Zya cannot and does not guarantee that other users of the Service will comply with the rules above. 3. PROPRIETARY RIGHTS TO THE SERVICE. Title and intellectual property rights to the Service are owned by Zya and its affiliates or licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. Trademarks, trade names, service marks, copyrights, and logos of Zya and its affiliates and licensors may not be used or copied in any manner without the express prior written consent of Zya or its licensors, as applicable, except as specifically provided herein. All other trademarks, trade names, service marks, copyrights, and logos appearing on the Service are the property of their respective owners. Except as expressly set forth herein, you shall not reproduce, sell, transfer, advertise, license, synchronize with any medium or otherwise deal in, use, exploit or dispose of the Service; modify, reverse-engineer, decompile or disassemble the Service; or cause, permit or authorize others to do any of the above. 4. ACCOUNT, RESPONSIBILITY FOR CONTACT INFORMATION AND PASSWORDS. When accessing the Service through certain means, you may have the opportunity to become a registered user of the Service. As a registered user of the Service, you may establish an account. You are solely responsible for maintaining the confidentiality and security of your account and any user identifications, passwords, authentication codes or other security devices or procedures (collectively, &ldqup;Passwords”) issued to you. You may not share your account or Passwords with any third party. You agree not to alter, delete, disable or otherwise circumvent any Password or permit or assist any other party to do so in a manner not authorized by us. We reserve the right to suspend your access to the Software and change (or require you to change) your Passwords at any time. You are responsible for all transmissions, instructions, information, processes, click stream data or other communications (&ldqup;Communications”) attributable to your account and Passwords, whether entered by you or by any other person, and any agreement or consent communicated from such access shall be deemed to be a duly signed writing of yours sufficient to bind you. We are not responsible for any losses arising out of the unauthorized use of your account. You shall notify us immediately upon learning or suspecting that any unauthorized party has obtained or used your account or Password. If any of your contact details (including without limitation, user name, email address and billing address) change, you agree to notify us in writing within thirty (30) days of the occurrence of such change. You agree that we may store and use the information you provide for use in maintaining and billing fees to your account, as applicable. 5. CHANGE TO TERMS AND CONDITIONS. Zya may modify this Agreement, effective immediately, at any time, including, without limitation, to impose or modify charges for use of the the Software, the Application, Ditty Website, and/or the Service or any portion thereof, by posting such changes to the Ditty Website. Your continued access to or use of the the Software, the Application, Ditty Website, and/or the Service following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. 6. USAGE AND PROPRIETARY RIGHTS IN THE SERVICE. We grant you, for the term of this Agreement, a personal, limited, non-exclusive, revocable, non-transferable and non-sublicenseable license to use the Service subject to the terms hereof. Without limiting the generality of the foregoing, with respect to your use of the Apple Application, we grant you, for the term of this Agreement, a non-transferable license to use the Apple Application on any iPhone, iPad, or iPod that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service http://www.apple.com/legal/itunes/us/terms.html#SALE. In addition, without limiting the generality of the foregoing, with respect to your use of the Google Play Application, we grant you, for the term of this Agreement, a non-transferable license to use the Google Play Application on any Android device that you own or control and as permitted by the Usage Rules set forth in the Google Play Terms of Service https://play.google.com/about/play-terms.html. You have no ownership rights in the Service, which is owned by us or our licensors, and is protected under copyright, trademark and other intellectual property laws and other applicable laws, rules or regulations (&ldqup;Applicable Law”). You receive no copyright, license, or any other intellectual property right in or to the Service. You agree that we may provide certain portions of the Service under license from third parties, and you agree to comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors. We shall exclusively own all feedback or suggestions you may communicate to Zya regarding the Service, including all intellectual property rights in such items, and you irrevocably assign all rights in such items to us. We retain exclusive control over the Service, and reserve the right, at any time and in our sole discretion, without prior notice to you, to: (a) change, suspend, terminate or discontinue all or a portion of the Service and any related product or service support; (b) impose limits on, restrict or terminate your access to or use of all or a portion of the Service; or (c) terminate your license. You agree that we may monitor your use of the Service, use information relating to your use of the Service for our business purposes and share such information, where applicable, with our licensors and other third parties, and that such activities shall not be deemed to be a violation of the Zya Privacy Policy located at zyamusic.com/privacypolicy. You acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application or Google Application, respectively. 7. INTENTIONALLY LEFT BLANK. 8. CREATION OF NEW MASTERS AND NEW COMPOSITIONS. You may use Compositions and Masters (as defined below in Section 25) purchased by you in connection with New Masters and New Compositions created by you using the Service, subject to all the terms and conditions contained herein. 9. OWNERSHIP OF NEW MASTERS AND NEW COMPOSITIONS. To the extent that you create any non-infringing (i.e., a &ldqup;work” which has been previously authorized by the Application, including an authorized so-called &ldqup;derivative work” [a newly created work based on previously existing works] permitted by the Application, and does not infringe on the rights of any third party rights holder) New Masters and New Compositions (cumulatively, the &ldqup;Works”) using the Application, as between you and Zya, Zya shall own all rights in and to (including, but not limited to, the copyrights therein) such New Masters and New Compositions as &ldqup;works made for hire” pursuant to the Copyright Laws of the United States. In the event that any of the Works are, for any reason, not considered &ldqup;works made for hire”, then you agree to assign all rights in any such Works to Zya, throughout the universe, in perpetuity. Zya shall own all rights to the Works in any manner whatsoever, including, without limitation, the use thereof in connection with the Application, and otherwise in accordance with the terms set forth herein, however Zya will not exploit the Works in any manner, other than in connection with the Application, without your prior written consent. Notwithstanding anything contained herein to the contrary, Zya acknowledges that third parties may actually own content licensed to Zya and made available by Zya for use by you in connection with the Application. In the event that your or Zya’s use of any New Master or New Composition, in accordance with the terms set forth herein, results in generating any ancillary revenues, Zya shall have the exclusive right to claim and collect any and all such revenues, and you shall not be entitled to any participation therein. 10. GRANTS OF RIGHTS TO ZYA; PROMOTIONAL RIGHTS. Zya’s rights in any New Masters and New Compositions, created by you hereunder shall include, without limitation, the rights to the exclusive administration thereof, throughout the universe, in perpetuity, subject to the pre-existing rights of any third parties, including, without limitation, the Composition Owner and the Master Owner; provided, however, that Zya is under no obligation to administer such rights or to exploit any New Master and New Composition created by you. Without limiting the generality of the foregoing, Zya and its affiliates, distributors, and licensees shall have the sole, exclusive, perpetual and unlimited right to publicly perform the New Masters and New Compositions, and to reproduce, transfer, distribute, the New Masters and New Compositions within or directly in connection with the Application, all throughout the Territory and under any trademarks, trade names or labels designated by Zya or its affiliates or licensors, and in any manner, method, medium, format, configuration, platform or technology, now or hereafter known or devised, or to delay or refrain from doing any of the foregoing. Further, you hereby grant to Zya the unlimited, royalty-free, transferable, sub-licensable, perpetual right, throughout the universe, to use (and authorize others to use) to use any New Masters and New Compositions created by you (or any materials made a part thereof by you), or under your account in connection with the use, exploitation, sale, distribution, licensing, advertisements, marketing and/or promotion of any Ditty Products, the Zya Website, the Application, the Software, and/or the Service, and any matters related thereto. 11. INTENTIONALLY LEFT BLANK. 12. 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 THE ZYA WEBSITE AND THROUGH THE SOFTWARE AND THE APPLICATION, 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. We are not responsible for typographic errors. 13. PURCHASE AND SUBSCRIPTION POLICIES. Certain Ditty Products may be available for use in connection with the Service, and may, in Zya’s sole discretion, be licensed on a royalty-free basis or purchased or licensed on a one-time basis (&ldqup;Purchases”) or on a subscription basis (&ldqup;Subscriptions”). Purchases and Subscriptions are final and non-refundable. If you sign up for, or are auto-renewed into, a Subscription and subsequently cancel that Subscription before the end of the term for such Subscription, you will not be entitled to a full or prorated refund based on the unused time. Subscriptions will automatically renew for the applicable time period you have selected, and your account will be charged prior to the expiration of the current Subscription. You may cancel automatic renewal by accessing your account page and selecting the subscription you want to modify. Certain Subscriptions may offer a free trial prior to purchase. If you decide to purchase a Subscription prior to the end of the free trial period, your Subscription will start immediately. There may be additional information and/or terms regarding Purchases and/or Subscriptions at the point of sale, and you should review such information and/or terms as you will be bound by them. You agree that you will pay for all Ditty Products you purchase through the Service, which such Products are offered to you for purchase and sale, and that we may charge your credit card, account,, or other payment method for any Purchases or Subscriptions and for any additional amounts (including any taxes and late fees, if applicable) that may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US, IF APPLICABLE, WITH A VALID CREDIT CARD OR OTHER PAYMENT METHOD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card account, or other payment method you designate during the registration process, as applicable, which such payment method is acceptable to Zya. If you want to change your credit card or there is a change in your credit card or payment method status, you must change your information online in the &ldqup;My Details” section of your account. This may temporarily disrupt your access to the Service while we verify your new payment information. Prices for Ditty Products, whether via Purchase or Subscription, may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering. If a Ditty Product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Ditty Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by us. Once you download a Ditty Product, it is your responsibility not to lose, destroy or damage it, and you should back it up as Zya is under no obligation to make such Ditty Products available on the Service for any length of time. Zya may, as a courtesy, store Ditty Products, New Masters and New Compositions on its own servers, but Zya shall have no responsibility for the loss or maintenance of any such data. Notwithstanding anything herein to the contrary, any Ditty Products, New Masters and New Compositions that are available only in streaming format, and not available for download, are not subject to refunds. Your total price may contain any applicable sales tax, which may be based on the bill-to address and the sales tax rate in effect at the time the Ditty Product is purchased or subscribed to. 14. USE OF PURCHASED OR SUBSCRIBED CONTENT. The Service and certain Ditty Products may include security technology that limits your use of Ditty Products and, whether or not Ditty Products are limited by security technology, you shall use Ditty Products in compliance with the applicable usage rules established by Zya and its licensors (&ldqup;Usage Rules”), and any other use of the Ditty Products may constitute a copyright infringement. Any security technology is an inseparable part of the Ditty Products. We reserve the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason, or to attempt or assist another person to do so. We may control and monitor Usage Rules for compliance purposes, and we reserve the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is provided by us for accessing the Service. You shall not access or attempt to access an account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability. 15. SUBMISSIONS TO THE SERVICE; THIRD PARTY MATERIALS; OBJECTIONABLE MATERIAL. The Service offers interactive features that allow you to submit materials on areas of the Service accessible and viewable by the public. You agree that any use by you of such features, including any materials, (including, without limitation, New Masters, New Compositions, and Videos) created and/or 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, and you agree to provide accurate and complete information, in connection with your submission of any materials on the Service. You hereby grant Zya and its affiliates, licensors, and licensees an unlimited, perpetual, worldwide, royalty-free, nonexclusive license to use such materials as part of the Service, and in relation to SB Products, without any compensation or obligation to you. We reserve the right to not post or publish, and to pull down and make unavailable if previously posted, any materials (including New Masters, New Compositions, and Videos created by you), and to remove or edit any material, at any time in our sole discretion without notice or liability to you. We have 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 we in our sole discretion deem appropriate, including, without limitation, termination hereunder. Certain content, SB Products, and services available via the Service may include materials from third parties. We may provide links to third-party websites as a convenience to you. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, 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 we are not in any way responsible for any such use by you. You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and we shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. SB Product types and descriptions are provided for convenience, and you agree that we do not guarantee their accuracy. 16. LINKS. The Service may contain hyperlinks to external locations (e.g., other websites) controlled by third parties. These links are provided solely as a convenience to you, and do not imply an endorsement by Zya or that any affiliation exists between Zya and the linked website. You agree that Zya is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. Zya has not necessarily reviewed, and does not necessarily endorse, content at linked websites, and is not responsible for such content or for your use of such content. You acknowledge that some external locations may contain material or communications which are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk. You agree that Zya shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective website administrator, system operator, or web master. 17. RESTRICTIONS ON USE. Except as expressly set forth herein, you shall not: (i) reproduce, sell, transfer, distribute, advertise, market, promote, license, synchronize with any medium or otherwise deal in, use, exploit or dispose of the Software, Master, Composition, New Master or New Compositions; (ii) modify, reverse-engineer, decompile or disassemble the Software or the Application; or (iii) cause, permit or authorize others to do any of the foregoing. 18. RULES FOR SWEEPSTAKES, CONTESTS, RAFFLES, SURVEYS AND SIMILAR PRODUCTIONS. Any sweepstakes, contests, raffles, surveys, or similar promotions made available through the Service will be governed by specific rules that are separate from and in addition to the terms of this Agreement. By participating in any such sweepstakes, contest, raffle, survey, or similar promotion, you will become subject to those rules, which may vary from the terms of this Agreement set forth herein. We urge you to read the applicable rules, which are linked from the particular activity, and to review Zya’s Privacy Policy, which, in addition to this Agreement, governs any information you submit in connection with such activities. 19. YOUR REPRESENTATIONS AND WARRANTIES. You represent and warrant, each time you use the Service, that: (a) you have the power and authority to enter into and perform your obligations under this Agreement and the terms of this Agreement constitute your legal, valid, binding and enforceable obligation; (b) by clicking the button to accept and install the Software or the Application, you acknowledge that you intended to sign and be legally bound by, and you have signed and are legally bound by, this Agreement; (c) you shall only use the Service in accordance with this Agreement, any other agreement between you and us and Applicable Law; (d) if you are accessing the Service on behalf of another party, you assume all fiduciary, regulatory and other requirements and duties that may apply to your relationship to such party; (e) you shall not introduce, nor permit any person to introduce, into the Software, any code or malicious or hidden mechanisms that would impair the operation of the Service or of our computers or other devices or software, or would permit other users access to the Service, nor shall you use the Service to gain unauthorized access to any computer system; (f) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (g) you are not listed on any U.S. Government list of prohibited or restricted parties. 20. DISCLAIMER OF WARRANTIES BY ZYA. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. ZYA DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. ZYA DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH THE SERVICE. NEITHER ZYA NOR ITS AFFILIATES OR LICENSORS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY CONTENT PROVIDED BY THE SERVICE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. ANY CONTENT OR OTHER INFORMATION OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM THE SERVICE. ANY CONTENT UPLOADED OR OTHERWISE SUBMITTED THROUGH THE USE OF THE SERVICE IS UPLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF THE SERVICE. ZYA IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. ANY HYPERLINK TO ANOTHER SITE IS NOT AND DOES NOT IMPLY AN ENDORSEMENT, INVESTIGATION, VERIFICATION OR MONITORING BY ZYA OF ANY INFORMATION ON THAT WEBSITE. 21. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZYA, OUR AFFILIATES, SUBSIDIARIES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, THIRD PARTY VENDORS, CONTRACTORS, TECHNOLOGY OR CONTENT PROVIDERS (THE &LDQUP;ZYA PARTIES”) HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR DEATH, PERSONAL INJURY OR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARLY OR PUNITIVE, ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE PERFORMANCE OR BREACH OF THIS AGREEMENT, OR YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO USE, THE SOFTWARE OR THE APPLICATION. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), AND REGARDLESS OF WHETHER ANY ZYA PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF ZYA UNDER THIS AGREEMENT AND WITH RESPECT TO THE SOFTWARE OR THE APPLICATION SHALL NOT EXCEED THE AMOUNT OF THE FEE RECEIVED FROM YOU BY ZYA IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR THE APPLICATION UNLESS SPECIFICALLY PROVIDED OTHERWISE BY ANY APPLICABLE LAW. IN THE EVENT THAT THE APPLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND TO YOU THE PURCHASE PRICE, IF ANY, FOR THE APPLE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLE APPLICATION, AND, AS BETWEEN APPLE AND ZYA, ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY WILL BE ZYA’S RESPONSIBILITY. IN ADDITION, YOU ACKNOWLEDGE THAT, WITH RESPECT TO THE APPLE APPLICATION, AS BETWEEN APPLE AND ZYA, ZYA IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE APPLE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APPLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. IN THE EVENT THAT THE GOOGLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY GOOGLE, AND GOOGLE WILL REFUND TO YOU THE PURCHASE PRICE, IF ANY, FOR THE GOOGLE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GOOGLE APPLICATION, AND, AS BETWEEN GOOGLE AND ZYA, ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE GOOGLE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY WILL BE ZYA’S RESPONSIBILITY. IN ADDITION, YOU ACKNOWLEDGE THAT, WITH RESPECT TO THE GOOGLE APPLICATION, AS BETWEEN GOOGLE AND ZYA, ZYA IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE GOOGLE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE GOOGLE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE GOOGLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. 22. INDEMNIFICATION. You agree to indemnify and hold Zya harmless and, at Zya’s request, defend Zya and the Zya Parties and their respective parents, subsidiaries, affiliates, partners, licensors, licensees, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney’s fees and costs) (hereinafter referred to as &ldqup;Losses”) insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (1) your use of the Service; (2) any third-party claim, including, without limitation, copyright and other intellectual property claims, arising out of or related to the New Masters, New Compositions, Videos, any other Materials, or any songs or sound recordings created by you using the Service, including, but not limited to, your use, or use by anyone using your computer or mobile device, of a Master or Composition in a manner prohibited by the Service or this Agreement; (3) use of the Service by anyone using your computer, mobile device, or account; (4) a violation of this Agreement by you or anyone using your computer, mobile device, or account; (5) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement; or (6) any violation of Applicable Law. If any third party brings a claim, lawsuit, or other proceeding(s) against Zya or any Zya Party based on your conduct or use of the Service or that of someone using your computer, mobile device, or account, you agree to compensate Zya and all Zya Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding. You may not approve or disapprove the settlement or disposition of any such claim, lawsuit or proceeding without the prior written consent of Zya, which consent will not be unreasonably withheld or delayed. You acknowledge that, in the event of any third party claim that the Apple Application or your possession and use of the Apple Application infringes that third party’s intellectual property rights, as between Apple and Zya, Zya, not Apple, will be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim. In addition, you acknowledge that, in the event of any third party claim that the Google Application or your possession and use of the Google Application infringes that third party’s intellectual property rights, as between Google and Zya, Zya, not Google, will be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim. 23. INDEPENDENT INVESTIGATION. Zya reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Zya becomes aware of possible violations, including, without limitation, misuse of any materials. Such an investigation may include gathering information from a user of the Service and a complaining party and reviewing materials on Zya’s servers and systems. During an investigation, Zya may remove any and all disputed material from Zya’s servers and systems. If Zya believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, Zya may take any action it deems appropriate under the circumstances known to it, which may include removal of material from Zya’s servers and systems, warnings, and/or suspension or termination of a user’s access to the Zya Website or a user’s Zya account. Violations also could subject users to criminal or civil liability. 24. TREATMENT OF PERSONAL INFORMATION. You authorize Zya and any third party to whom Zya may delegate responsibilities, subject to reasonable confidentiality and safeguard obligations, to use, disclose and otherwise process (anywhere Zya does business), your personal information pursuant to the terms set forth in the Zya Privacy Policy and incorporated herein by this reference. You acknowledge and agree that you have read and hereby assent to the terms and conditions set forth in the Zya Privacy Policy. You further acknowledge and agree that any disputes related to the Zya Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability, dispute resolution and arbitration provisions contained in this Agreement. 25. DEFINITIONS. a) “Composition” shall mean a pre-existing “musical work”, as such term is interpreted under the United States Copyright Act of 1976, as amended. b) “Digital Master” shall mean a multi-track musical sound recording in digital format embodying a Composition. c) “Master Owner” shall mean the authorized licensor of rights in and to a Digital Master from which the New Master was created. d) “Composition Owner” shall mean the owner and/or administrator of the Composition from which the New Composition is derived. e) “Ditty Platform” shall mean the integrated architecture of software, applications and hardware which enable Zya to deliver music-related, copyright-protected content to a wide range of web-enabled devices including but not limited to desktop, laptop, netbook, tablet and smartphone computing and mobile devices. It is inclusive of both software, applications and hardware under Zya’s direct control as well as third-party solutions which power and/or enable delivery of its products and services and communicate with servers under Zya’s control as well as those hosted and operated by third parties. The Ditty Platform utilizes a distributed architecture and in some instances consists of embeddable widgets which reside on third-party web pages and blogs and contain code which enables the delivery of Zya, other Zya related, and/or “Zya” branded content to these locations. f) “Ditty Products” shall mean all functionality and/or content available for use and/or purchase in connection with the Ditty Platform. g) h) “New Composition” shall mean a derivative Composition created by you based, in part, on a Composition which may include new words associated by you with the original music and lyrics of the Composition directly in connection with your use of the Service. Although Zya defines your setting of messaging words to pre-existing musical Compositions within the Service as a &ldqup;New Composition”, Zya’s determination, however, is that a new musical composition has not actually been created by you, for any other purpose, consequence or result whatsoever. If, in fact, such determination is adjudicated or otherwise determined to be improper by any proper authority or other applicable organization, and Zya is in agreement with such other determination, then Zya will abide by such adjudication and/or determination, and conduct itself accordingly. Any terms otherwise set forth herein, which govern the actual creation of a New Musical composition, shall remain applicable provided such terms are not contrary to such adjudication and/or determination. i) “New Master” shall mean a Digital Master embodying an original sound recording created by the Software, which incorporates a Master. j) “Territory” shall mean the universe. k) “Video” shall mean a video embodying a New Master and New Composition created by you using the Software. 26. JURISDICTIONAL ISSUES/GOVERNING LAW/DISPUTE RESOLUTION/ARBITRATION. a) The Service is controlled and operated by Zya from within the United States of America. Zya makes no representations or warranties that the content or materials of the Service are appropriate or lawful in any foreign countries, or that any items offered for sale through links on the Service will be available outside the United States. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Service or any copy or adaptation of such content, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. b) Our goal is to provide you with a neutral and cost-effective means of resolving disputes quickly. Thus, for any claim related to this Agreement or our Service where the total amount sought: (i) is equal to or more than $10,000 USD, you may; or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by completing the Notice of Dispute Form available at www.zyamusic.com/help/disputenotice. Zya may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of Zya’s offer to settle or Zya’s receipt of the Notice of Dispute Form (whichever is later), you may invoke binding arbitration by filing a separate Demand for Arbitration available at www.zyamusic.com/help/arbitrationdemand. A party electing arbitration shall initiate it through an established alternative dispute resolution (&ldqup;ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b) any in-person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in Los Angeles County, California); (c) either party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider may award any form of individual relief; (e) Zya will pay all costs for non-frivolous claims; (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (g) Zya may not seek reimbursement of its attorney’s fees in connection with such arbitration; (h) in the event you receive an arbitration award greater than Zya’s last written settlement offer, Zya will pay a ten thousand U.S. Dollar ($10,000.00 USD) minimum recovery and twice the amount of the your attorney’s fees; (i) claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You hereby agree that for any dispute or claim that is less than $10,000 USD, you waive any right to a trial (by judge or jury), you waive any right to participate as a member of a class in a class action or similar proceeding, and you will abide by the dispute resolution mechanism in this Section 26(b). c) The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. For any dispute that is equal to or more than $10,000 and is not resolved or arbitrated under Section 26(b) of this Agreement, it is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the Service shall be finally adjudicated or determined in any court or courts of the State of California, or of the United States of America, in Los Angeles County, California, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter, and consent to service of process by any means authorized by California law. d) All claims you bring against Zya must be resolved in accordance with this Section 26. All claims filed or brought contrary to this Section 26 shall be considered improperly filed and a breach of this Agreement. Should either party file a claim contrary to this Section 26, the other party may recover attorneys’ fees and costs up to ten thousand U.S. Dollars ($10,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim. 27. THIRD PARTY BENEFICIARIES. To the extent the Software contains Content provided by third parties or are otherwise contributed to by third parties, such third parties shall be considered third party beneficiaries of this Agreement. In addition, and without limiting the generality of the foregoing, with respect to your use of the Apple Application, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. 28. ACCEPTANCE OF ELECTRONIC FORM AND OTHER TERMS. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Zya or by its licensors in connection with Content, software, or services available on, through or in connection with the Service. 29. ASSIGNMENT; WAIVER. We are entitled to freely assign, delegate, subcontract, sublicense or otherwise transfer any of our rights and obligations under this Agreement to any third party. You may not assign, sublicense, delegate, subcontract or otherwise transfer your rights, duties and obligations under this Agreement to a third party without our prior written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence. 30. TERMINATION. We may terminate this Agreement or cease providing the Service, at any time, with or without cause, and with or without notice to you. Further, if you fail, or Zya suspects that you have failed, to comply with any of the provisions of this Agreement, then in addition to Zya’s other rights and remedies under this Agreement, Zya may, at its sole discretion and without notice to you, do any of the following: (i) terminate this Agreement and/or your account and you will remain liable for all amounts due under your account up and through the date of termination; and/or (ii) terminate the licenses to the Software or the Application, and/or preclude access to the Service. You may terminate this Agreement by cancelling your account. Sections 3 and 6 through 36 shall survive the termination of this Agreement. All license rights granted to you shall immediately terminate upon termination of this Agreement. Upon termination of this Agreement, you shall: (a) cease all use of the Service; (b) pay all amounts due and owing to Zya as of the date of termination; and (c) not be entitled to any refund or credit of fees paid or payable hereunder. 31. AMENDMENTS. Zya reserves the right to automatically amend this Agreement at any time by posting the amended terms and conditions to this &ldqup;Terms Of Service Agreement” section of the Service. Such amendments will be effective when posted. 32. ACTS OF GOD. Zya shall be excused from its obligations for any period to the extent that Zya is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Zya’s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise. 33. SEVERABILITY. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable. 34. HEADINGS. Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof. 35. ENTIRE AGREEMENT. This Agreement, including all items incorporated by reference (including without limitation, the Zya Privacy Policy and the Zya Terms of Service) constitutes the entire agreement between you and Zya concerning the subject matter contained herein (including related to the Zya Website, the Software and/or the Service) and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by Zya. 36. COPYRIGHT COMPLIANCE. Zya respects the intellectual property of others, and we ask that our users do the same. If you have a good-faith reason to believe that material on the service infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on the service, then you may notify zya using the procedures set forth below. Send your notice of infringement to our designated agent: Attention: Business and Legal Affairs Zya 24003-A Ventura Boulevard Calabasas, CA 91302 Email: legal@zyamusic.com Your notice must be in writing and include the following information: 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 is alleged to have been infringed, including the electronic location, such as the url (i.E., the website address), where the copyrighted work exists, or a copy of the copyrighted work; An identification of the url web address on the website or other specific location where the allegedly infringing material is located; The address, telephone number, and email address of the notifying party; A statement by the notifying party that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner. WARNING: IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER, ALLEGED INFRINGER, OR ZYA AS A RESULT OF ZYA’S RELIANCE ON THE MISREPRESENTATION. Once we receive this information, zya may expeditiously remove or block access to the allegedly infringing material, and notify the user who posted the material that we have taken such action. If you, as the user, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a written counter-notification to our designated agent which must include: A physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location on the service at which the material appeared before it was removed or access to it was disabled; A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your address is outside of the united states, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person. 37. DISCLAIMER. All Zya-developed names, characters, and descriptions appearing in the Service are fictitious. Any resemblance to real persons, living or dead, is purely coincidental. 38. MISCELLANEOUS. The rights and remedies of Zya hereunder are cumulative and are in addition to, and not in lieu of, all rights and remedies available at law and in equity. DITTY END USER LICENSE AGREEMENT YOUR USE OF THE APPLICATION, THE SOFTWARE, AND/OR THE SERVICE (EACH AS DEFINED BELOW) IS CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION OF THIS END USER LICENSE AGREEMENT, THEN YOU MUST CEASE SUCH USE IMMEDIATELY, AS WELL AS DELETE OR UNINSTALL THE APPLICATION, THE SOFTWARE AND/OR THE SERVICE FROM YOUR COMPUTER OR MOBILE DEVICE. Your use of the Zya software (the “Software”), Zya’s Ditty mobile application (the “Application”), and any other software, mobile application, and/or website owned or operated by Music Mastermind, Inc., d/b/a Zya (“Zya”), including, without limitation, the website located at zyamusic.com, (“Ditty Website”), the Application, any other such software, applications and/or websites, and the Software are collectively referred to as the “Service”), including, without limitation, your use of sound recordings, musical compositions, sound effects, audiovisual recordings, text, graphics, information, newsletters, photographs, and other related content (the “Content”), is expressly conditioned on your acceptance of, and agreement to, this Terms Of Service Agreement (the “Agreement”). This Agreement sets forth the terms and conditions which apply to your use of the Service. By using the Service, you agree to abide by all of the terms of this Agreement. As used herein, the term “you” and “your” shall mean you, either individually or as a single entity. All references to “we,” “us” or “our” shall refer to Zya. You may only use the Service if you are thirteen (13) years old or older, and if you assume the obligations set forth in this Agreement, and assume full responsibility for your use of the Service. Any person who provided their personal information to Zya represents that they are thirteen (13) years of age or older. If you are 13 or older, but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it. If you do not agree with any of Zya’s guidelines, rules, regulations, restrictions, or with any terms of this Agreement, you must not use the Service and you must delete and/or uninstall the Service from your computer or mobile device. Zya reserves the right to modify this Agreement at any time, in accordance with the &ldqup;Change to Terms and Conditions” section set forth below. Your continued use of the Service following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. If you do not comply with the terms of this Agreement and Zya’s Terms of Service, which is incorporated herein by reference, at all times when using the Service, Zya reserves the right to deny or restrict your access to the Service. The terms and conditions of this Agreement shall apply regardless of the means by which the Service was accessed, including, but not limited to, through personal computers, mobile phone or computing devices, electronic mail, the Zya Website, or links from other websites. With respect to your permitted use of the Application as downloaded from the Apple App Store (the “Apple Application”) or Google Play (“Google Application”), you acknowledge that this Agreement is entered into between you and Zya, and not with Apple, Inc. (“Apple”) or Google Inc. (“Google”). Neither Apple nor Google are responsible for the Apple Application or the Google Application, respectively, and the Content contained in the Apple Application or the Google Application. 1. Use of the Service By using the Service, you agree that: a) Your use of the Service, including, without limitation, any of its Content, is solely for your own use and benefit. b) You will not interfere with any other user’s use and enjoyment of the Service. You will not use the Service or any of Zya’s or its affiliates’ or licensors’ trademarks, service marks, copyrights, or logos in any manner inconsistent with this Agreement or in unsolicited mailings or spam material. c) You will not submit, post, upload, distribute, or otherwise make available any blog or forum post, content, New Composition (as defined below in Section 25), New Master (as defined below in Section 25), or Video (as defined below in Section 25) that contains, in the opinion of Zya: (1) personally identifiable information about another person; (2) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable or unlawful material; (3) material that could harm minors; or (4) any material that infringes any intellectual property or other proprietary rights of any person or entity, or any right of any person or entity. d) You will not delete any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers, or modify any logos that you do not own or have written permission to modify. e) You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person’s username, password, name, likeness, voice, or photograph. You will not submit any personal information to the Service, about yourself or others, that is not accurate and truthful. f) You will not use the Service for any harmful or unlawful purpose, including, but not limited to sexual explicitness, racism, disparagement of any content provider to Zya, and engaging in (or attempts to engage in) any criminal activity including, but not limited to, stalking, sexual assault, fraud, harassment, terrorism and conspiracy to commit any criminal activity. g) You will not submit, post, upload, distribute, or otherwise make available any material that may contain a computer virus or other harmful material, or otherwise impair, interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment. h) You will not attempt to gain unauthorized access to Zya’s computer systems. You recognize that not all areas of the Service may be available to you. i) You are authorized to use Ditty Products (as defined below in Section 25), whether created by you or other users, only for personal, non-commercial use. Ditty Products may only be used on the Ditty Platform, the Facebook Messenger Platform, and/or other platforms expressly allowed by this Agreement (as this Agreement may be amended from time to time by Zya). You may not use Ditty Products on more than one (1) device at any time. You may not reproduce or copy a Ditty Product. You may not capture or otherwise copy any of the Ditty Products, whether into MP3 format, other downloadable files, or otherwise, except as otherwise specifically permitted by the Service and as specifically set forth herein. j) Some Ditty Products may be capable of being downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage Ditty Products once downloaded, and you may wish to back them up. k) Zya may, as a courtesy, allow you to store a limited number of Masters, Compositions, New Masters, New Compositions and Videos as files which are stored within the Service (&ldqup;Song Files”) and are accessible to you only through the Service. The amount of Songs allowed (the &ldqup;Song Storage Cap”), if so limited, may change from time to time, as indicated in the Service. You will not be allowed to store more Song Files than the Song Storage Cap. Though Zya may allow such storage through the Service, Zya is not responsible for the loss, destruction or damage of such Song Files. l) Despite the use of the term &ldqup;purchase” or other similar terms throughout this Agreement, the Ditty Products are licensed, not sold, to you. Your limited license to each Ditty Product that you obtain through the Service is subject to your prior acceptance of this Agreement, and you agree that the terms of this Agreement will apply to each Ditty Product that you license through the Service, unless that Ditty Product is covered by a separately noted Terms Of Service agreement, in which case the terms of such other agreement will apply. m) Your use of Ditty Products does not grant you the right to make any commercial use of any Ditty Products, including, but not limited to Compositions, Masters, New Masters and/or New Compositions. Any burning or exporting capabilities expressly made available to you by Zya, provided by Zya in connection with the Service are solely an accommodation to you, may only be used by you as reasonably necessary for personal and non-commercial use, and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Ditty Product. No use of the Service, nor any components thereof, shall be utilized by you in any manner in which it may be reasonably perceived that the Service (including a Master, New Master, Composition and/or New Composition) is endorsing any product or service whatsoever, except for any product or service related to the Service. n) You acknowledge that, because some aspects of the Service, Ditty Products, and administration of the Usage Rules entails the ongoing involvement of Zya, if Zya changes any part of or discontinues the Service, which we may do at our election, you may not be able to use Ditty Products to the same extent as prior to such change or discontinuation, and that we shall have no liability to you in such case. Further, you acknowledge that some aspects of the Service, Ditty Products, and administration of the Usage Rules entails the ongoing involvement of, and is subject to contractual obligations to, the Composition Owner(s) (as defined below in Section 25), the Master Owner(s) (as defined below in Section 25), and/or other licensors of Zya, in each case which may limit your rights and/or access to such Service and Ditty Products. For example, the rights to New Compositions and New Masters created from, Compositions and Masters are not unconditional and not in perpetuity, and after Zya’s rights to license Compositions and Masters to you expire or are otherwise terminated or limited, your rights to use and exploit the New Compositions and New Masters you have created from such Compositions and Masters may be limited or extinguished altogether at any time in Zya’s sole discretion without notice or liability to you. o) If the Composition Owner, Master Owner, or any other publisher, artist or other licensor of licensed content (contained in an Ditty Product), for any reason requests that Zya take down access to any particular Master or Composition that contains such Ditty Product, Zya has the right to take down, or otherwise revoke your access to, or your rights to further use of, the Master, Composition, New Master and New Composition, or Video, without any liability by Zya to you. Zya cannot and does not guarantee that other users of the Service will comply with the rules above. 2. Proprietary Rights to the Service. Title and intellectual property rights to the Service are owned by Zya and its affiliates or licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. Trademarks, trade names, service marks, copyrights, and logos of Zya and its affiliates and licensors may not be used or copied in any manner without the express prior written consent of Zya or its licensors, as applicable, except as specifically provided herein. All other trademarks, trade names, service marks, copyrights, and logos appearing on the Service are the property of their respective owners. Except as expressly set forth herein, you shall not reproduce, sell, transfer, advertise, license, synchronize with any medium or otherwise deal in, use, exploit or dispose of the Service; modify, reverse-engineer, decompile or disassemble the Service; or cause, permit or authorize others to do any of the above. 3. Account, Responsibility for Contact Information and Passwords. When accessing the Service through certain means, you may have the opportunity to become a registered user of the Service. As a registered user of the Service, you may establish an account. You are solely responsible for maintaining the confidentiality and security of your account and any user identifications, passwords, authentication codes or other security devices or procedures (collectively, &ldqup;Passwords”) issued to you. You may not share your account or Passwords with any third party. You agree not to alter, delete, disable or otherwise circumvent any Password or permit or assist any other party to do so in a manner not authorized by us. We reserve the right to suspend your access to the Software and change (or require you to change) your Passwords at any time. You are responsible for all transmissions, instructions, information, processes, click stream data or other communications (&ldqup;Communications”) attributable to your account and Passwords, whether entered by you or by any other person, and any agreement or consent communicated from such access shall be deemed to be a duly signed writing of yours sufficient to bind you. We are not responsible for any losses arising out of the unauthorized use of your account. You shall notify us immediately upon learning or suspecting that any unauthorized party has obtained or used your account or Password. If any of your contact details (including without limitation, user name, email address and billing address) change, you agree to notify us in writing within thirty (30) days of the occurrence of such change. You agree that we may store and use the information you provide for use in maintaining and billing fees to your account, as applicable. 4. Change to Terms and Conditions. Zya may modify this Agreement, effective immediately, at any time, including, without limitation, to impose or modify charges for use of the the Software, the Application, Ditty Website, and/or the Service or any portion thereof, by posting such changes to the Ditty Website. Your continued access to or use of the the Software, the Application, Ditty Website, and/or the Service following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. 5. Usage and Proprietary Rights in the Service. We grant you, for the term of this Agreement, a personal, limited, non-exclusive, revocable, non-transferable and non-sublicenseable license to use the Service subject to the terms hereof. Without limiting the generality of the foregoing, with respect to your use of the Apple Application, we grant you, for the term of this Agreement, a non-transferable license to use the Apple Application on any iPhone, iPad, or iPod that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service http://www.apple.com/legal/itunes/us/terms.html#SALE. In addition, without limiting the generality of the foregoing, with respect to your use of the Google Play Application, we grant you, for the term of this Agreement, a non-transferable license to use the Google Play Application on any Android device that you own or control and as permitted by the Usage Rules set forth in the Google Play Terms of Service https://play.google.com/about/play-terms.html. You have no ownership rights in the Service, which is owned by us or our licensors, and is protected under copyright, trademark and other intellectual property laws and other applicable laws, rules or regulations (“Applicable Law”). You receive no copyright, license, or any other intellectual property right in or to the Service. You agree that we may provide certain portions of the Service under license from third parties, and you agree to comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors. We shall exclusively own all feedback or suggestions you may communicate to Zya regarding the Service, including all intellectual property rights in such items, and you irrevocably assign all rights in such items to us. We retain exclusive control over the Service, and reserve the right, at any time and in our sole discretion, without prior notice to you, to: (a) change, suspend, terminate or discontinue all or a portion of the Service and any related product or service support; (b) impose limits on, restrict or terminate your access to or use of all or a portion of the Service; or (c) terminate your license. You agree that we may monitor your use of the Service, use information relating to your use of the Service for our business purposes and share such information, where applicable, with our licensors and other third parties, and that such activities shall not be deemed to be a violation of the Zya Privacy Policy located at zyamusic.com/privacypolicy. You acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application or Google Application, respectively. In addition, you acknowledge that any of your information which is collected by the Service is done so by Zya and not in any way by Facebook, in accordance with the terms set forth in Zya’s Privacy Policy. 6. Intentionally Left Blank. 7. Creation of New Masters And New Compositions. You may use Compositions and Masters (as defined below in Section 25) purchased by you in connection with New Masters and New Compositions created by you using the Service, subject to all the terms and conditions contained herein. 8. Ownership of New Masters And New Compositions. To the extent that you create any non-infringing (i.e., a “work” which has been previously authorized by the Application, including an authorized so-called “derivative work” [a newly created work based on previously existing works] permitted by the Application, and does not infringe on the rights of any third party rights holder) New Masters and New Compositions (cumulatively, the “Works”) using the Application, as between you and Zya, Zya shall own all rights in and to (including, but not limited to, the copyrights therein) such New Masters and New Compositions as “works made for hire” pursuant to the Copyright Laws of the United States. In the event that any of the Works are, for any reason, not considered “works made for hire”, then you agree to assign all rights in any such Works to Zya, throughout the universe, in perpetuity. Zya shall own all rights to the Works in any manner whatsoever, including, without limitation, the use thereof in connection with the Application, and otherwise in accordance with the terms set forth herein, however Zya will not exploit the Works in any manner, other than in connection with the Application, without your prior written consent. Notwithstanding anything contained herein to the contrary, Zya acknowledges that third parties may actually own content licensed to Zya and made available by Zya for use by you in connection with the Application. In the event that your or Zya’s use of any New Master or New Composition, in accordance with the terms set forth herein, results in generating any ancillary revenues, Zya shall have the exclusive right to claim and collect any and all such revenues, and you shall not be entitled to any participation therein. 9. Grants of Rights to Zya; Promotional Rights. Zya’s rights in any New Masters and New Compositions, created by you hereunder shall include, without limitation, the rights to the exclusive administration thereof, throughout the universe, in perpetuity, subject to the pre-existing rights of any third parties, including, without limitation, the Composition Owner and the Master Owner; provided, however, that Zya is under no obligation to administer such rights or to exploit any New Master and New Composition created by you. Without limiting the generality of the foregoing, Zya and its affiliates, distributors, and licensees shall have the sole, exclusive, perpetual and unlimited right to publicly perform the New Masters and New Compositions, and to reproduce, transfer, distribute, the New Masters and New Compositions within or directly in connection with the Application, all throughout the Territory and under any trademarks, trade names or labels designated by Zya or its affiliates or licensors, and in any manner, method, medium, format, configuration, platform or technology, now or hereafter known or devised, or to delay or refrain from doing any of the foregoing. Further, you hereby grant to Zya the unlimited, royalty-free, transferable, sub-licensable, perpetual right, throughout the universe, to use (and authorize others to use) to use any New Masters and New Compositions created by you (or any materials made a part thereof by you), or under your account in connection with the use, exploitation, sale, distribution, licensing, advertisements, marketing and/or promotion of any Ditty Products, the Zya Website, the Application, the Software, and/or the Service, and any matters related thereto. 10. Intentionally Left Blank. 11. 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 THE ZYA WEBSITE AND THROUGH THE SOFTWARE AND THE APPLICATION, 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. We are not responsible for typographic errors. 12. Purchase and Subscription Policies. Certain Ditty Products may be available for use in connection with the Service, and may, in Zya’s sole discretion, be licensed on a royalty-free basis or purchased or licensed on a one-time basis (“Purchases”) or on a subscription basis (“Subscriptions”). Purchases and Subscriptions are final and non-refundable. If you sign up for, or are auto-renewed into, a Subscription and subsequently cancel that Subscription before the end of the term for such Subscription, you will not be entitled to a full or prorated refund based on the unused time. Subscriptions will automatically renew for the applicable time period you have selected, and your account will be charged prior to the expiration of the current Subscription. You may cancel automatic renewal by accessing your account page and selecting the subscription you want to modify. Certain Subscriptions may offer a free trial prior to purchase. If you decide to purchase a Subscription prior to the end of the free trial period, your Subscription will start immediately. There may be additional information and/or terms regarding Purchases and/or Subscriptions at the point of sale, and you should review such information and/or terms as you will be bound by them. You agree that you will pay for all Ditty Products you purchase through the Service, which such Products are offered to you for purchase and sale, and that we may charge your credit card, account,, or other payment method for any Purchases or Subscriptions and for any additional amounts (including any taxes and late fees, if applicable) that may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US, IF APPLICABLE, WITH A VALID CREDIT CARD OR OTHER PAYMENT METHOD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card account, or other payment method you designate during the registration process, as applicable, which such payment method is acceptable to Zya. If you want to change your credit card or there is a change in your credit card or payment method status, you must change your information online in the “My Details” section of your account. This may temporarily disrupt your access to the Service while we verify your new payment information. Prices for Ditty Products, whether via Purchase or Subscription, may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering. If a Ditty Product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Ditty Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by us. Once you download a Ditty Product, it is your responsibility not to lose, destroy or damage it, and you should back it up as Zya is under no obligation to make such Ditty Products available on the Service for any length of time. Zya may, as a courtesy, store Ditty Products, New Masters and New Compositions on its own servers, but Zya shall have no responsibility for the loss or maintenance of any such data. Notwithstanding anything herein to the contrary, any Ditty Products, New Masters and New Compositions that are available only in streaming format, and not available for download, are not subject to refunds. Your total price may contain any applicable sales tax, which may be based on the bill-to address and the sales tax rate in effect at the time the Ditty Product is purchased or subscribed to. 13. Use of Purchased or Subscribed Content. The Service and certain Ditty Products may include security technology that limits your use of Ditty Products and, whether or not Ditty Products are limited by security technology, you shall use Ditty Products in compliance with the applicable usage rules established by Zya and its licensors (“Usage Rules”), and any other use of the Ditty Products may constitute a copyright infringement. Any security technology is an inseparable part of the Ditty Products. We reserve the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason, or to attempt or assist another person to do so. We may control and monitor Usage Rules for compliance purposes, and we reserve the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is provided by us for accessing the Service. You shall not access or attempt to access an account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability. 14. Submissions to the Service; Third Party Materials; Objectionable Material. The Service offers interactive features that allow you to submit materials on areas of the Service accessible and viewable by the public. You agree that any use by you of such features, including any materials (including, without limitation, New Masters, New Compositions, Videos and any other visual images, graphics, artwork, items similar or related to the foregoing, etc.) (collectively, “Materials”) created and/or 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, and you agree to provide accurate and complete information, in connection with your submission of any materials on the Service. You hereby grant to Zya and its affiliates, licensors, and licensees an unlimited, perpetual, worldwide, royalty-free, nonexclusive license to use any Materials in any manner whatsoever at the discretion of Zya, as part of the Service, and in relation to Ditty Products, without any compensation or obligation to you. We reserve the right to not post or publish, and to pull down and make unavailable if previously posted, any materials (including New Masters, New Compositions and Videos created by you), and to remove or edit any material, at any time in our sole discretion without notice or liability to you. We have 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 we in our sole discretion deem appropriate, including, without limitation, termination hereunder. Certain content, Ditty Products, and services available via the Service may include materials from third parties. We may provide links to third-party websites as a convenience to you. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, 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 we are not in any way responsible for any such use by you. You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and we shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Ditty Product types and descriptions are provided for convenience, and you agree that we do not guarantee their accuracy. 15. LINKS. The Service may contain hyperlinks to external locations (e.g., other websites) controlled by third parties. These links are provided solely as a convenience to you, and do not imply an endorsement by Zya or that any affiliation exists between Zya and the linked website. You agree that Zya is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. Zya has not necessarily reviewed, and does not necessarily endorse, content at linked websites, and is not responsible for such content or for your use of such content. You acknowledge that some external locations may contain material or communications which are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk. You agree that Zya shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective website administrator, system operator, or web master. 16. Restrictions on Use. Except as expressly set forth herein, you shall not: (i) reproduce, sell, transfer, distribute, advertise, market, promote, license, synchronize with any medium or otherwise deal in, use, exploit or dispose of the Software, Master, Composition, New Master or New Compositions; (ii) modify, reverse-engineer, decompile or disassemble the Software or the Application; or (iii) cause, permit or authorize others to do any of the foregoing. 17. Rules for Sweepstakes, Contests, Raffles, Surveys and Similar Productions. Any sweepstakes, contests, raffles, surveys, or similar promotions made available through the Service will be governed by specific rules that are separate from and in addition to the terms of this Agreement. By participating in any such sweepstakes, contest, raffle, survey, or similar promotion, you will become subject to those rules, which may vary from the terms of this Agreement set forth herein. We urge you to read the applicable rules, which are linked from the particular activity, and to review Zya’s Privacy Policy, which, in addition to this Agreement, governs any information you submit in connection with such activities. 18. Your Representations and Warranties. You represent and warrant, each time you use the Service, that: (a) you have the power and authority to enter into and perform your obligations under this Agreement and the terms of this Agreement constitute your legal, valid, binding and enforceable obligation; (b) by clicking the button to accept and install the Software or the Application, you acknowledge that you intended to sign and be legally bound by, and you have signed and are legally bound by, this Agreement; (c) you shall only use the Service in accordance with this Agreement, any other agreement between you and us and Applicable Law; (d) if you are accessing the Service on behalf of another party, you assume all fiduciary, regulatory and other requirements and duties that may apply to your relationship to such party; (e) you shall not introduce, nor permit any person to introduce, into the Software, any code or malicious or hidden mechanisms that would impair the operation of the Service or of our computers or other devices or software, or would permit other users access to the Service, nor shall you use the Service to gain unauthorized access to any computer system; (f) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (g) you are not listed on any U.S. Government list of prohibited or restricted parties. 19. Disclaimer of Warranties by Zya. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. ZYA DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. ZYA DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH THE SERVICE. NEITHER ZYA NOR ITS AFFILIATES OR LICENSORS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY CONTENT PROVIDED BY THE SERVICE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. ANY CONTENT OR OTHER INFORMATION OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM THE SERVICE. ANY CONTENT UPLOADED OR OTHERWISE SUBMITTED THROUGH THE USE OF THE SERVICE IS UPLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF THE SERVICE. ZYA IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. ANY HYPERLINK TO ANOTHER SITE IS NOT AND DOES NOT IMPLY AN ENDORSEMENT, INVESTIGATION, VERIFICATION OR MONITORING BY ZYA OF ANY INFORMATION ON THAT WEBSITE. 20. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZYA, OUR AFFILIATES, SUBSIDIARIES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, THIRD PARTY VENDORS, CONTRACTORS, TECHNOLOGY OR CONTENT PROVIDERS (THE “ZYA PARTIES”) HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR DEATH, PERSONAL INJURY OR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARLY OR PUNITIVE, ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE PERFORMANCE OR BREACH OF THIS AGREEMENT, OR YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO USE, THE SOFTWARE OR THE APPLICATION. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), AND REGARDLESS OF WHETHER ANY ZYA PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF ZYA UNDER THIS AGREEMENT AND WITH RESPECT TO THE SOFTWARE OR THE APPLICATION SHALL NOT EXCEED THE AMOUNT OF THE FEE RECEIVED FROM YOU BY ZYA IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR THE APPLICATION UNLESS SPECIFICALLY PROVIDED OTHERWISE BY ANY APPLICABLE LAW. IN THE EVENT THAT THE APPLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND TO YOU THE PURCHASE PRICE, IF ANY, FOR THE APPLE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLE APPLICATION, AND, AS BETWEEN APPLE AND ZYA, ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY WILL BE ZYA’S RESPONSIBILITY. IN ADDITION, YOU ACKNOWLEDGE THAT, WITH RESPECT TO THE APPLE APPLICATION, AS BETWEEN APPLE AND ZYA, ZYA IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE APPLE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APPLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. IN THE EVENT THAT THE GOOGLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY GOOGLE, AND GOOGLE WILL REFUND TO YOU THE PURCHASE PRICE, IF ANY, FOR THE GOOGLE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GOOGLE APPLICATION, AND, AS BETWEEN GOOGLE AND ZYA, ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE GOOGLE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY WILL BE ZYA’S RESPONSIBILITY. IN ADDITION, YOU ACKNOWLEDGE THAT, WITH RESPECT TO THE GOOGLE APPLICATION, AS BETWEEN GOOGLE AND ZYA, ZYA IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE GOOGLE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE GOOGLE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE GOOGLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. 21. Indemnification. You agree to indemnify and hold Zya harmless and, at Zya’s request, defend Zya and the Zya Parties and their respective parents, subsidiaries, affiliates, partners, licensors, licensees, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney’s fees and costs) (hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (1) your use of the Service; (2) any third-party claim, including, without limitation, copyright and other intellectual property claims, arising out of or related to the New Masters, New Compositions, Videos, any other Materials, or any songs or sound recordings created by you using the Service, including, but not limited to, your use, or use by anyone using your computer or mobile device, of a Master or Composition in a manner prohibited by the Service or this Agreement; (3) use of the Service by anyone using your computer, mobile device, or account; (4) a violation of this Agreement by you or anyone using your computer, mobile device, or account; (5) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement; or (6) any violation of Applicable Law. If any third party brings a claim, lawsuit, or other proceeding(s) against Zya or any Zya Party based on your conduct or use of the Service or that of someone using your computer, mobile device, or account, you agree to compensate Zya and all Zya Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding. You may not approve or disapprove the settlement or disposition of any such claim, lawsuit or proceeding without the prior written consent of Zya, which consent will not be unreasonably withheld or delayed. You acknowledge that, in the event of any third party claim that the Apple Application or your possession and use of the Apple Application infringes that third party’s intellectual property rights, as between Apple and Zya, Zya, not Apple, will be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim. In addition, you acknowledge that, in the event of any third party claim that the Google Application or your possession and use of the Google Application infringes that third party’s intellectual property rights, as between Google and Zya, Zya, not Google, will be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim. 22. Independent Investigation. Zya reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Zya becomes aware of possible violations, including, without limitation, misuse of any materials. Such an investigation may include gathering information from a user of the Service and a complaining party and reviewing materials on Zya’s servers and systems. During an investigation, Zya may remove any and all disputed material from Zya’s servers and systems. If Zya believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, Zya may take any action it deems appropriate under the circumstances known to it, which may include removal of material from Zya’s servers and systems, warnings, and/or suspension or termination of a user’s access to the Zya Website or a user’s Zya account. Violations also could subject users to criminal or civil liability. 23. Treatment of Personal Information. You authorize Zya and any third party to whom Zya may delegate responsibilities, subject to reasonable confidentiality and safeguard obligations, to use, disclose and otherwise process (anywhere Zya does business), your personal information pursuant to the terms set forth in the Zya Privacy Policy and incorporated herein by this reference. You acknowledge and agree that you have read and hereby assent to the terms and conditions set forth in the Zya Privacy Policy. You further acknowledge and agree that any disputes related to the Zya Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability, dispute resolution and arbitration provisions contained in this Agreement. 25. Definitions. a) “Composition” shall mean a pre-existing “musical work”, as such term is interpreted under the United States Copyright Act of 1976, as amended. b) “Digital Master” shall mean a multi-track musical sound recording in digital format embodying a Composition. c) “Master Owner” shall mean the authorized licensor of rights in and to a Digital Master from which the New Master was created. d) “Composition Owner” shall mean the owner and/or administrator of the Composition from which the New Composition is derived. e) “Ditty Platform” shall mean the integrated architecture of software, applications and hardware which enable Zya to deliver music-related, copyright-protected content to a wide range of web-enabled devices including but not limited to desktop, laptop, netbook, tablet and smartphone computing and mobile devices. It is inclusive of both software, applications and hardware under Zya’s direct control as well as third-party solutions which power and/or enable delivery of its products and services and communicate with servers under Zya’s control as well as those hosted and operated by third parties. The Ditty Platform utilizes a distributed architecture and in some instances consists of embeddable widgets which reside on third-party web pages and blogs and contain code which enables the delivery of Zya, other Zya related, and/or “Zya” branded content to these locations. f) “Ditty Products” shall mean all functionality and/or content available for use and/or purchase in connection with the Ditty Platform. g) “New Composition” shall mean a derivative Composition created by you based, in part, on a Composition which may include new words associated by you with the original music and lyrics of the Composition directly in connection with your use of the Service. Although Zya defines your setting of messaging words to pre-existing musical Compositions within the Service as a &ldqup;New Composition”, Zya’s determination, however, is that a new musical composition has not actually been created by you, for any other purpose, consequence or result whatsoever. If, in fact, such determination is adjudicated or otherwise determined to be improper by any proper authority or other applicable organization, and Zya is in agreement with such other determination, then Zya will abide by such adjudication and/or determination, and conduct itself accordingly. Any terms otherwise set forth herein, which govern the actual creation of a New Musical composition, shall remain applicable provided such terms are not contrary to such adjudication and/or determination. h) “New Master” shall mean a Digital Master embodying an original sound recording created by the Software, which incorporates a Master. i) “Territory” shall mean the universe. j) “Video” shall mean a video embodying a New Master and New Composition created by you using the Software. 26. Jurisdictional Issues/Governing Law/Dispute Resolution/Arbitration. a) The Service is controlled and operated by Zya from within the United States of America. Zya makes no representations or warranties that the content or materials of the Service are appropriate or lawful in any foreign countries, or that any items offered for sale through links on the Service will be available outside the United States. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Service or any copy or adaptation of such content, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. b) Our goal is to provide you with a neutral and cost-effective means of resolving disputes quickly. Thus, for any claim related to this Agreement or our Service where the total amount sought: (i) is equal to or more than $10,000 USD, you may; or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by completing the Notice of Dispute Form available at www.zyamusic.com/help/disputenotice. Zya may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of Zya’s offer to settle or Zya’s receipt of the Notice of Dispute Form (whichever is later), you may invoke binding arbitration by filing a separate Demand for Arbitration available at www.zyamusic.com/help/arbitrationdemand. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b) any in-person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in Los Angeles County, California); (c) either party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider may award any form of individual relief; (e) Zya will pay all costs for non-frivolous claims; (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (g) Zya may not seek reimbursement of its attorney’s fees in connection with such arbitration; (h) in the event you receive an arbitration award greater than Zya’s last written settlement offer, Zya will pay a ten thousand U.S. Dollar ($10,000.00 USD) minimum recovery and twice the amount of the your attorney’s fees; (i) claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You hereby agree that for any dispute or claim that is less than $10,000 USD, you waive any right to a trial (by judge or jury), you waive any right to participate as a member of a class in a class action or similar proceeding, and you will abide by the dispute resolution mechanism in this Section 25(b). c) The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. For any dispute that is equal to or more than $10,000 and is not resolved or arbitrated under Section 25(b) of this Agreement, it is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the Service shall be finally adjudicated or determined in any court or courts of the State of California, or of the United States of America, in Los Angeles County, California, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter, and consent to service of process by any means authorized by California law. d) All claims you bring against Zya must be resolved in accordance with this Section 25. All claims filed or brought contrary to this Section 25 shall be considered improperly filed and a breach of this Agreement. Should either party file a claim contrary to this Section 25, the other party may recover attorneys’ fees and costs up to ten thousand U.S. Dollars ($10,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim. 26. Third Party Beneficiaries. To the extent the Software contains Content provided by third parties or are otherwise contributed to by third parties, such third parties shall be considered third party beneficiaries of this Agreement. In addition, and without limiting the generality of the foregoing, with respect to your use of the Apple Application, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. 27. Acceptance of Electronic Form and Other Terms. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Zya or by its licensors in connection with Content, software, or services available on, through or in connection with the Service. 28. Assignment; Waiver. We are entitled to freely assign, delegate, subcontract, sublicense or otherwise transfer any of our rights and obligations under this Agreement to any third party. You may not assign, sublicense, delegate, subcontract or otherwise transfer your rights, duties and obligations under this Agreement to a third party without our prior written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence. 29. Termination. We may terminate this Agreement or cease providing the Service, at any time, with or without cause, and with or without notice to you. Further, if you fail, or Zya suspects that you have failed, to comply with any of the provisions of this Agreement, then in addition to Zya’s other rights and remedies under this Agreement, Zya may, at its sole discretion and without notice to you, do any of the following: (i) terminate this Agreement and/or your account and you will remain liable for all amounts due under your account up and through the date of termination; and/or (ii) terminate the licenses to the Software or the Application, and/or preclude access to the Service. You may terminate this Agreement by cancelling your account. Sections 2 and 5 through 35 shall survive the termination of this Agreement. All license rights granted to you shall immediately terminate upon termination of this Agreement. Upon termination of this Agreement, you shall: (a) cease all use of the Service; (b) pay all amounts due and owing to Zya as of the date of termination; and (c) not be entitled to any refund or credit of fees paid or payable hereunder. 30. Amendments. Zya reserves the right to automatically amend this Agreement at any time by posting the amended terms and conditions to this “End User License Agreement” section of the Service. Such amendments will be effective when posted. 31. Acts of God. Zya shall be excused from its obligations for any period to the extent that Zya is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Zya’s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise. 32. Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable. 33. Headings. Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof. 34. Entire Agreement. This Agreement, including all items incorporated by reference (including without limitation, the Zya Privacy Policy and the Zya Terms of Service) constitutes the entire agreement between you and Zya concerning the subject matter contained herein (including related to the Zya Website, the Software and/or the Service) and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by Zya. 35. Copyright Compliance. Zya respects the intellectual property of others, and we ask that our users do the same. If you have a good-faith reason to believe that material on the Service infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on the Service, then you may notify Zya using the procedures set forth below. Send your notice of infringement to our designated agent: Attention: Business and Legal Affairs Zya 24003-A Ventura Boulevard Calabasas, CA 91302 Email: legal@zyamusic.com Your notice must be in writing and include the following information: 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 is alleged to have been infringed, including the electronic location, such as the url (i.E., the website address), where the copyrighted work exists, or a copy of the copyrighted work; An identification of the url web address on the website or other specific location where the allegedly infringing material is located; The address, telephone number, and email address of the notifying party; A statement by the notifying party that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner. WARNING: IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER, ALLEGED INFRINGER, OR ZYA AS A RESULT OF ZYA’S RELIANCE ON THE MISREPRESENTATION. Once we receive this information, zya may expeditiously remove or block access to the allegedly infringing material, and notify the user who posted the material that we have taken such action. If you, as the user, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a written counter-notification to our designated agent which must include: A physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location on the service at which the material appeared before it was removed or access to it was disabled; A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your address is outside of the united states, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person. 36. Disclaimer. All Zya-developed names, characters, and descriptions appearing in the Service are fictitious. Any resemblance to real persons, living or dead, is purely coincidental. 37. Miscellaneous. The rights and remedies of Zya hereunder are cumulative and are in addition to, and not in lieu of, all rights and remedies available at law and in equity. 38. CONTACT US. If you have any questions, complaints or claims with respect to the Service, or the Application, please contact us at: Attention: Business and Legal Affairs Zya 24003-A Ventura Boulevard Calabasas, CA 91302 Email: legal@zyamusic.com Zya Privacy Policy Statement Music Mastermind, Inc., d/b/a “Zya”, and its subsidiaries, fully respect your privacy. You may only use the Service if you are thirteen (13) years old or older, and if you assume the obligations set forth in this Agreement, and assume full responsibility for your use of the Service. Any person who provided their personal information to Zya represents that they are thirteen (13) years of age or older. If you are 13 or older, but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it. This Privacy Policy Statement informs you of our privacy practices and of the choices you can make about the way your information is collected online through all Zya owned sites and through use of Zya’s software (the “Software”) or mobile applications (the “Application”), and how that information is used. This Privacy Policy Statement is readily available on our home page and at the bottom of every Zya Website (as defined below). If you have questions or complaints regarding our privacy policy or practices, please contact Zya using the contact information included at the end of this Privacy Policy Statement. Sites and Services covered by this Privacy Policy Statement Collection of personal information How we use your information How we share your information Children’s privacy Your choices and selecting your privacy preferences Access to and accuracy of your information Keeping your information secure and disclaimer Terms and changes to this Privacy Policy Statement and dispute resolution Contacting us How Zya uses automatic data collection tools: Cookies Web beacons Embedded web links Zya ads on third party websites Information gathering tools Your California privacy rights Aggregate information Testimonials and comments to Blog or Message Board 1. Sites and Services covered by this Privacy Policy Statement This Privacy Policy Statement applies to the Software, the Application, and all Zya-owned websites and domains and the websites and domains of any of our affiliates (the “Zya Websites”), whether accessed via computer, mobile device or other technology (the “Services”), except that the terms of any privacy policy or statement specifically posted on any of Zya’s websites which is specific to a particular Zya program or service will apply instead of this Privacy Policy Statement. Links to non-Zya websites The Services may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Services. Zya does not control those sites or their privacy policies or practices in connection with personal information, which may differ from Zya’s practices. We do not endorse nor make any representations about any such third-party websites. The personal data you choose to provide to, or that is collected by these, third parties is not covered by the Zya Privacy Policy Statement. We encourage you to review the privacy policy of any company before submitting your personal information. We may also provide social media features on the Services that enable you to share Zya information with your social networks and contacts and to interact with Zya on various social media sites. Your use of these features may result in the collection or sharing of information about you or such contacts, depending on the feature. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand the information that could be shared by those sites. We do not control or limit those social media sites, nor do we control their privacy policies or terms of services, terms of use or end user license agreements. 2. Collection of personal information To serve you better and understand your needs and interests, Zya collects, exports, and uses personal information with notice and consent, along with required filings with data protection authorities, when and if applicable. For example, when you order products or services, request information, subscribe to marketing or support materials, register yourself or your Zya products or services, use Zya products or services, operate on the Zya Website or environment, enter contests or participate in surveys, upload content onto third party sites, or apply for a job at Zya, we will ask you to provide personal information to complete these transactions. The types of personal information you provide to us on these pages may include contact information such as your name, address, telephone number, and email address; financial information such as your credit card number; and other unique information such as user IDs and passwords, billing and transaction information, product and service preferences, contact preferences, educational and employment background, and job interest data. We may also collect certain demographic information (such as gender or age) and information about your interests and preferences (“preferences information”). In many cases, such demographic and preferences information is optional. In other cases, such as online surveys, we collect this information on an anonymous basis. However, if we link any demographic or preferences information to any personal information, then such demographic and preferences information will be treated as personal information under this Privacy Policy Statement. If you post, comment or share personal information, including photographs, to any public forum on the Services, social network, blog, or other such forum, please be aware that any personal information you submit can be read, viewed, collected, or used by other users of these forums, and could be used to contact you, send you unsolicited messages, or for purposes that neither you nor Zya have control over. Zya is not responsible for the personal information you choose to submit in these forums. In addition to the information you provide, Zya, as well as any third-party advertisers and/or service providers, may also collect information in connection with the Services, or during your visit to a Zya Website, or a website “powered by” another company on behalf of Zya, through our Automatic Data Collection Tools, which include web beacons, cookies, embedded web links, and other information-gathering tools. These tools collect certain traffic information regarding your use of the Services or that your browser sends to a website, such as your browser type and language, access times, and the address of the website from which you arrived. They may also collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology, or other device (collectively “Device”) you may use to access the software application or Zya website, information about your Internet Protocol (IP) address, click stream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with the Services), and product information. A Device Identifier is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Devices use Device Identifiers to communicate on the Internet, allowing users to browse and shop. Zya may also use some of these Automatic Data Collection Tools in connection with certain emails sent from Zya and therefore may collect information using these tools when you open the email or click on a link contained in the email. To learn more, read “How Zya uses automatic data collection tools”. Zya may also collect information from commercially available sources that it deems credible. Such information may include your name, address, email address, preferences and demographic data. For example, if you are on another web site and you opt-in to receive information from Zya, that website will forward to Zya your e-mail address and other information about you so that we may contact you as requested. You may also choose to participate in third party applications or features (such as one of our Facebook or Twitter applications or a similar application or feature on a third party web site) through which you allow Zya to collect and share (or the third party to collect and share) information about you, including Personal Information. If you access the Services through a third-party connection or log-in, Zya may also collect your user ID and/or username associated with that third-party service, and any information you have made public in connection with that service or which the third party shares with partner services. In addition, Zya may receive information about you if other users of a third party web site give Zya access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections” webpage, profile page, or similar page on a social networking or other third party website or interactive service. The collection and use of this information is pursuant to such third party’s information collection practices, which are typically outlined in a policy like this one, provided on the third party’s website or application. Zya also may supplement the information it collects about you through the Services with other information from third parties in order to enhance Zya’s ability to serve you, to tailor content to you and to offer you opportunities to purchase products or services that Zya believes may be of interest to you. Zya may combine the information it receives from these third parties with information Zya collects through the Services. In those cases, Zya will apply this Policy to any Personal Information received, unless Zya has disclosed otherwise. 3. How we use your information The information Zya collects to understand your needs and interests helps Zya deliver a consistent and personalized experience. For example, Zya may use your information to: assist you in completing a transaction or order; prevent and detect security threats, fraud or other malicious activity; communicate with you about products and services; provide service and support; improve the Services; update you on new services and benefits; provide personalized promotional offers; select content to be communicated to you; personalize the Services; measure performance of marketing initiatives, ads, and websites “powered by” another company on Zya’s behalf; to market, advertise, sell and otherwise exploit the music; allow you to participate in contests and surveys; and contact you regarding Zya products or services. Zya will give you the opportunity to choose your privacy preferences regarding the communications Zya sends (see Your choices and selecting your privacy preferences). The testimonials posted on the Zya Website are only posted with the expressed permission of the individual or company who provided that testimonial. As set forth more fully in Zya’s Terms Of Service, if you sign up for the Services and create New Compositions, New Masters and/or Videos, Zya may collect and use your name (including any names used by you, including your professional name and user name), likeness, image, voice and biographical information in connection with the use, exploitation, sale, distribution, licensing, advertisements, marketing and/or promotion of the New Compositions, New Masters, Videos, the Zya Website and/or the Services. 4. How we share your information The Services are a social experience. Accordingly, Zya may share your information with third parties for a variety of purposes. Zya retains service providers and suppliers to deliver complete products, services and customer solutions, to assist with the functionality and services associated with the Software and the Application, and to assist Zya with marketing, communication, initiatives as well as providing the Zya services and products. These providers and suppliers include, for example, credit card processors, providers of customer support and live-help, marketing, email service providers, automated data processors, customer insight and social media analytics providers, and shipping agents. Zya also shares personal information with its strategic partners for the purposes of, among other things, effective distribution and sales of the Software, the Application, and other Zya products. From time to time, Zya participates in marketing initiatives with other companies, including co-branded contests, promotions, and websites “powered by” another company on behalf of Zya. As part of these initiatives, Zya may share personal information with such other companies for their marketing purposes. Also as part of these initiatives, certain Zya services and marketing communications may be delivered at the same time as those from other companies. Some of these services and communications offer you the option to share additional personal information with both Zya and the other companies participating in these initiatives. For example, you may receive marketing communications from Zya and other companies or have the opportunity to register online for software products from multiple companies. If you choose to provide additional personal information to Zya, that information will be governed by this Privacy Policy Statement, unless a different privacy policy statement is referred to at the point of collection. If you choose to provide personal information to the other companies, that personal information will be handled according to the privacy policy of those companies which may differ from Zya’s policies and practices. Zya may also share your personal information, including any names used by you, including your professional name and user name, likeness, image, voice and biographical information to promote and advertise the Service and products and services located on the Service. This may also include sharing your personal information with search engines and social media sites. Zya will require the export of your personal information to other Zya-owned business entities in the US and Worldwide in accordance with this Privacy Policy Statement to satisfy your request. Such export is a requirement of providing the information to Zya. Zya may also share the personal information you provide to Zya with non-Zya third parties without your permission, to: (i) respond to duly authorized information requests of police and governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) investigate and help prevent security threats, fraud or other malicious activity; (iv) enforce/protect the rights and properties of Zya or its subsidiaries; (v) administer Zya’s obligations under the Terms of Service; or (vi) protect the rights or personal safety of Zya employees and third parties on or using Zya property. Circumstances may arise where, whether for strategic or other business reasons, Zya decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Zya’s practice to seek appropriate protection for information in these types of transactions. 5. Children’s privacy Zya does not knowingly collect information from children under the age of 13 and does not target its Services to children under 13 years old. We encourage parents and guardians to take an active role in their children’s online activities and interests. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database and close any account controlled by such child. 6. Your choices and selecting your privacy preferences Zya gives you the choice of receiving a variety of information that complements our products and services. You can subscribe to receive certain product-specific and service-specific information and also choose to receive Zya general communications. You may also be able to inform Zya of your desire that we not share certain of your information with certain third parties. Delivery of Zya general communications will generally be by email or mobile device, but may also be by postal mail, telephone, or other communication methods, in Zya’s sole discretion. You can make or change your choices about receiving either subscription or general communications at the data collection point or by using other methods, which are listed in the following sections. This option does not apply to communications primarily for the purpose of administering order completion, contracts, support, product safety warnings, driver updates, or other administrative and transactional notices as the primary purpose of these communications is not promotional in nature. This option does not apply to communications from third parties, as the privacy policy and choices of such third parties will apply. The communications that you receive from Zya will be provided in accordance with this Privacy Policy Statement. Some communications may utilize automatic data collection tools. To learn more, read How Zya uses automatic data collection tools. Communications you receive from third parties will be subject to their privacy statements and policies regarding automatic data collection tools. Opting Out Subscription communications include email newsletters, software updates, etc., that may be expressly requested by you or which you consented to receive. Zya general communications provide information about products, services, and/or support. This may include new product information, special offers, or invitations to participate in market research. You may opt out of subscription communications or Zya general communications by using one of the following methods: Select the email “opt out” or “unsubscribe” link, or follow the opt-out instructions included in each email subscription communication. To unsubscribe from messages delivered to mobile devices, reply to the message with the words “STOP” or “END”. Return to the web page(s) where you originally registered your preferences and follow the opt-out instructions. Access to many Zya subscriptions is available at the My Account web page. Write to the Zya Privacy Officer. Be sure to provide your name, relevant contact information, and specific relevant information about the Zya subscriptions that you no longer wish to receive. Please be aware that when you opt out of receiving certain subscription communications or general communications, it may affect the services you have chosen to receive from Zya where accepting the communications is a condition of receiving the services. 7. Access to and accuracy of your information Zya strives to keep your personal information accurately recorded. We have implemented technology, management processes and policies to help maintain data accuracy. Zya provides individuals with reasonable access to personal information that they provided to Zya and the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. To view and change the personal information that you directly provided to Zya you can return to the Software, the Application, or the web page where you originally submitted your data and follow the instructions on the Software, the Application, or that web page or contact the Zya Privacy Officer. 8. Keeping your personal information secure and disclaimer Zya takes seriously the trust you place in us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, Zya utilizes appropriate physical, technical and administrative procedures to safeguard the information we collect. When collecting or transferring sensitive information such as credit card information we use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. The personal information you provide us is stored on computer systems located in controlled facilities which have limited access. When we transmit highly confidential information (such as credit card number or password) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Credit card numbers are used only for processing payments and are not used for other purposes. As part of real-time payment processing, Zya subscribes to a fraud management service. This service gives you and Zya an extra level of security to guard against credit card fraud and to protect your financial data. Despite Zya’s efforts to keep your personal information secure, no company can guaranty the security and privacy of its services, information and other data. Accordingly, Zya disclaims and does not represent and warrant that it will be able to maintain your privacy or the security of its data in regard to your personal information. Zya’s privacy policies and procedures are “as is” and Zya makes no representation as to the fitness for a particular purpose or merchantability. 9. Terms and changes to this Privacy Policy Statement and dispute resolution If we change our Privacy Policy Statement, we will post the revised version of the Privacy Policy Statement here, with an updated revision date, which revised Privacy Policy Statement shall become effective immediately upon posting. If we make significant changes to our Privacy Policy Statement, we may also notify you by other means, such as sending an email or posting a notice on our home page. As per the end user license agreement (if applicable) and the Terms of Service, you have agreed: (i) to abide by and be bound by the terms of the end user license agreement (if applicable), the Terms of Service, and this Privacy Policy; and (ii) to use only the rights and remedies afforded to you under the arbitration provision in the end user license agreement (if applicable) and/or the Terms of Service for any claims, including pursuant to any disputes or any breaches of privacy or security, that you may have or which could arise in relation to Zya, its services or content, or this Privacy Policy. 10. Contacting us We value your opinions. If you have comments or questions about our Privacy Policy Statement, please send them to privacy@zyamusic.com or write to us at the following address: Zya c/o Music Mastermind, Inc. 24003-A Ventura Boulevard Calabasas, CA 91302 Attention: Privacy Officer Rev. March 3, 2015 How Zya Uses Automatic Data Collection Tools The following sections provide additional information about commonly-used web technology tools. Cookies A “cookie” is a small data file transferred to your computer’s hard drive. Zya or its service providers send cookies when you use the Services, surf our site or sites where our ads appear, make purchases, request or personalize information, or register yourself for certain services. Accepting the cookies used on the Software, our site, sites that are “powered by” another company on Zya’s behalf, or sites where our ads appear may give us access to information about your browsing behavior, which we may use to personalize your experience. Cookies are typically classified as either “session” cookies or “persistent” cookies Session cookies do not stay on your computer after you close your browser. Persistent cookies remain on your computer until you delete them or they expire. Most browsers automatically accept cookies by default, but you can usually refuse cookies or selectively accept cookies by adjusting the preferences in your browser. If you turn off cookies, there may be some features of our site that will not be available to you and the Software and/or some web pages may not display properly. You can find information on popular browsers and how to adjust your cookie preferences at the following websites: Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.htm Mozilla Firefox: http://www.mozilla.org/projects/security/pki/psm/help_21/using_priv_help.html Google Chrome: http://www.google.com/support/chrome/bin/answer.py?answer=95647 Apple’s Safari: http://docs.info.apple.com/article.html?path=safari/3.0/en/9277.html From time to time, Zya will use Flash local shared objects (LSOs) to store Flash content information and preferences. LSOs perform similar functions to HTML browser cookies and deposit small files on your computer, which are commonly called Flash cookies. Flash cookies are different from browser cookies and cookie management tools provided by your browser will not remove Flash cookies. To learn more about Flash Cookies and how to manage the related privacy and storage settings, please visit the Adobe Systems website. Web Beacons The Services may use web beacons alone or in conjunction with cookies to compile information about your website usage and your interaction with email, as well as to measure performance on the Zya website and websites “powered by” another company on Zya’s behalf. A web beacon is an electronic image, called a single-pixel (1x1) or clear GIF. Web beacons can recognize certain types of information on your computer such as cookies, the time and date of a page viewed, and a description of the page where the web beacon is placed. Depending on the context, web beacons may also refer to content on a third-party server, and may be used by service providers to deliver relevant advertising to you You may be able to disable web beacons in email messages by not downloading images contained in the message you receive (this feature varies depending on the email software used on your personal computer). However, doing this may not always disable a web beacon or other automatic data collection tools in the email message due to specific email software capabilities. For more information about this, please refer to the information provided by your email software or service provider. If you choose to receive marketing emails or newsletters from Zya as specified in Your choices and selecting your privacy preferences, Zya may automatically collect personal information about you. For example, through web beacons and personalized URLs embedded in these emails or newsletters, Zya can track whether you’ve opened those messages and whether you’ve clicked on links contained within those messages. For more information on embedded web links, see below. Embedded web links Emails from Zya, the Software, Zya’s other software products, and promotional icons installed on your device by Zya, may use links designed to lead you to a relevant area on the web, after redirection through Zya’s servers. The redirection system allows Zya to change the destination URL of these links, if necessary, and to determine the effectiveness of our marketing initiatives. In emails, such web links may also allow Zya to determine whether you have clicked a link in an email, and this information about the interaction may be connected to your personal identity. If you do not want Zya to collect information about the links that you click, you can: change your choice about how you receive communications from Zya (i.e. choose a text-based version of the message where available) or choose not to click links in an email that Zya sends or in Zya software products delete the promotional icons installed by Zya on your PC desktop or choose not to click on those Zya ads and offerings on third-party websites Zya may contract with service providers to place ads on websites owned by third parties. In addition, some websites may be “powered by” a service provider to provide Zya offers on Zya’s behalf. These service providers may send cookies from and use web beacons on these third-party websites and on the Zya Website. The cookies and web beacons may enable Zya to collect information about the pages you viewed and the links you clicked. Information-gathering tools Zya may use tools to collect information about your experience on the Services. These tools do not involve the use of web beacons or cookies, but record your interaction with the Services as captured by a Zya server. Certain tools, used in some countries, may enable Zya to replay customer Software or web sessions. Your California Privacy Rights The following applies solely to California residents who have an established business relationship with Zya. If we collect personal information from you, we may make that personal information available to our affiliated companies or third parties, for their marketing and promotional purposes. If you decide that you do not want us to share your personal information with these companies for their marketing and promotional purposes, please send an email to privacy@zyamusic.com. In this email, state whether: (i) you would like to opt out of receiving promotional correspondence from Zya in general, or via email, postal mail, instant messaging, and/or by phone; (ii) you would only like to opt out of Zya newsletters; and/or (iii) you would like Zya to not share your personal information with third parties for their marketing purposes. Your opt out request will be processed within thirty (30) days of the date on which we receive it. Aggregate Information From time to time, Zya may collect general, non-personal, statistical information about the use of the Services, such as how many visitors visit a specific page on the Zya Website, how long they stay on that page and which hyperlinks, if any, they “click” on. We collect this information through the use of “cookies” and other tracking technologies, which are discussed in greater detail above. We collect this information in order to determine which areas of the Zya Website are most popular and to enhance the Zya Services for visitors. We may group this information into aggregate visitor data in order to describe the use of the Services to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. Zya may also group demographic and preferences information and responses to surveys that we collect from visitors into aggregate data for the same purposes. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Services. Testimonials and Comments to Blog or Message Board If you use our blog, or other public venue on the Services (including New Masters, New Compositions and Videos), you will be identified on those venues by the name you submit. Please be aware that the name you choose to provide will be viewable by all users of our message boards or other public venues, so please use caution when choosing your name or providing any profile information. Information that you provide on blogs, message boards, New Masters, New Compositions or Videos or other similar venues may also be viewable by the general Internet public. We cannot be responsible for any personal information you choose to post on public venues, and we recommend careful consideration before you post such information. We may, but are not obligated to, monitor and moderate content on blogs and other public venues. JSTOR Terms and Conditions of Use 1. Welcome to JSTOR JSTOR’s integrated digital platform (the “JSTOR Platform”) is a trusted digital library providing for long-term preservation and access to leading academic journals and other scholarly materials from around the world. JSTOR is part of ITHAKA, a not-for-profit organization with a mission to help the scholarly community take advantage of advances in technology, and is supported by libraries, scholarly societies, publishers, and foundations. By using JSTOR, you agree to these Terms and Conditions of Use, which may be subject to an agreement entered into between JSTOR and a user’s affiliated institution, such as a user’s university (“Institutional Participation Agreement”). If you have questions about your affiliated institution’s participation agreement with JSTOR, please contact your librarian. 2. Authorized Users Access to content on JSTOR is available for “Authorized Users”, meaning: (a) individuals who are affiliated with an Institutional Licensee, defined as an institution (such as a college, university, secondary school, public library, museum, foundation, government agency, research center or corporate and for-profit organization) that maintains a valid Institutional Participation Agreement with JSTOR. This includes, as applicable: i currently enrolled students (including distance education students); ii on an ad hoc basis, researchers and lecturers affiliated and/or visiting under the terms of an agreement with the Institutional Licensee; iii full and part-time staff; iv on-site users physically present and authorized to be on the Institutional Licensee’s premises (“Walk-In Users”); v for public libraries, off-site users accessing the Licensed Content through a sessions-based arrangement entered into between JSTOR and the library; and, vi for higher education Institutional Licensees that participate in JSTOR’s Alumni Access Program, individuals who have earned a degree, namely a Bachelor’s, Master’s, Doctorate, medical degree or their equivalent, from the Institutional Licensee. (b) individual members of scholarly societies that have entered into an agreement with JSTOR for access to specific Content via the JSTOR Platform (“Individual Access”); and (c) other users of specified Content agreed upon in writing by or on behalf of JSTOR, including users of i Data for Research; ii the Publisher Sales Service (a service through which JSTOR facilitates users’ purchase of content from publishers); iii individual researchers not affiliated with an Institutional Licensee, publication, or scholarly society; iv individual users of Early Journal Content; v individuals who have successfully registered with MyJSTOR or MyPlants but do not otherwise meet any of the criteria for Authorized Users (“Register Read Users”) and vi individuals who have successfully purchased access through JPASS (a service through which individuals can purchase access to JPASS Content as defined below) (“JPASS Users”). 3. The Content 3.1 “Content” means the collective of: “Back Issues”, defined as journal volumes and issues dated behind the “Moving Wall” described at http://about.jstor.org/terminology#M. “Books”, defined as complete books and/or portions of such books, such as book chapters. “Current Issues”, defined as those issues of journal(s) published online back to the Digital Availability Date. The “Digital Availability Date” is the year when issues of the Journal(s) initially were published online in digital format, subject to exceptions as determined by the publisher and JSTOR, and does not include digitized versions of print issues. Information concerning the Digital Availability Date for each title is available at http://about.jstor.org/node/297653#tab-title-list. “Early Journal Content”, defined as journal content (as distinct from pamphlets, manuscripts, monographs or other content) that has been published prior to 1923 in the United States or prior to 1870 if initially published internationally. “GIS Data” is spatial/geographic information systems (“GIS”) data contained within the Cultural Heritage Sites and Landscapes and Struggles for Freedom in South Africa Collections. “Global Plants Content”, defined as plant specimens. other materials made available by JSTOR, including but not limited to research reports, white papers, working papers, policy papers, government documents, and newsletters (“Grey Literature”), and primary source materials including the Cultural Heritage Sites and Landscapes and Struggles for Freedom in South Africa Collections (“Primary Source Materials”). 3.2 “Licensed Content” means the Content for which an Authorized User’s affiliated Institutional Licensee has licensed access, or the Content available to an Authorized User through Individual Access, JPASS, the Publisher Sales Service, or other programs. For more information about the JSTOR material licensed by your affiliated Institutional Licensee, please contact your librarian. 3.3 “Open Access Content” means specified items of Content that are labeled “Open Access”. 4. Permitted Uses of the Content 4.1 Institutional Licensees and/or Authorized Users may search, view, reproduce, display, download, print, perform, and distribute Licensed Content for the following Permitted Uses, provided they abide by the restrictions in this Section 4, Section 5 and elsewhere in these Terms and Conditions of Use: (a) research activities; (b) classroom or organizational instruction and related classroom or organizational activities; (c) student assignments; (d) as part of a scholarly, cultural, educational or organizational presentation or workshop, if such use conforms to the customary and usual practice in the field; (e) authors or other Content creators may at their discretion incorporate their Content (other than Books) into unrestricted databases or website with prior permission from the publisher and other applicable rights holders; (f) linking (g) Data for Research as defined further in Section 14.3 below. and for Institutional Licensees and/or Authorized Users other than Register & Read Users: (h) on an ad hoc basis and without commercial gain or in a manner that would substitute for direct access to the Content via services offered by JSTOR, sharing discrete portions of Content for purposes of collaboration, comment, or the scholarly exchange of ideas; (i) downloading Content (including certain Book chapters where downloading is made available for the Book chapters on the JSTOR Platform) to view, use and display including on a personal digital device (e.g. mobile devices, e-readers, and personal computers); (j) (except for Books) in research papers or dissertations, including reproductions of the dissertations, provided such reproductions are only for personal use, library deposit, and/or use solely within the institution(s) with which the Authorized User and/or his or her faculty readers are affiliated; and (k) fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions of the copyright laws or other intellectual property right laws in the United States. 4.2 The portions of Licensed Content that have been downloaded or printed out by an Authorized User may continue to be used in compliance with these Terms and Conditions even if such license should later terminate or expire. 4.3 Additional Permitted Uses of the Early Journal Content. JSTOR encourages broad use of the Early Journal Content. In addition to all permitted uses described above, users are free to copy, use, and redistribute the Early Journal Content in part or in whole for non-commercial purposes. JSTOR asks that you acknowledge JSTOR as the source of the Early Journal Content; if you use material from JSTOR online, we request that you link directly to the stable URL provided. If you use Early Journal Content offline, we ask that you credit the source as follows: “Courtesy of JSTOR.” Please be considerate of other users and do not use robots or other devices or coordinate activity to systematically download these works as this may be disruptive to our systems. 4.4 Use of Open Access Content. Open Access Content may be subject to different terms of use, such as a Creative Commons license, as indicated in the copyright statement for the content. If an Open Access Content item has different terms posted where the content appears, those terms shall have precedence over these Terms and Conditions of Use. 5. Prohibited Uses of the Content Institutions and users may not: (a) use or authorize the use of the JSTOR Platform or Content for commercial purposes or gains, including charging a fee-for-service for the use of JSTOR beyond reasonable printing or administrative costs. For purposes of clarification, “commercial purposes or gains” shall not include research whose end-use is commercial in nature. (b) except as set forth above, provide and/or authorize access to the Content available through Individual Access, the Publisher Sales Service, or other programs to persons or entities other than Authorized Users; (c) attempt to override, circumvent, or disable any encryption features or software protections employed in the JSTOR Platform; (d) undertake any activity such as the use of computer programs that automatically download or export Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators that may interfere with, disrupt or otherwise burden the JSTOR server(s) or any third-party server(s) being used or accessed in connection with JSTOR; or (e) undertake coordinated or systematic activity between or among two or more individuals and/or entities that, in the aggregate, constitutes downloading and/or distributing a significant portion of the Content; or (f) make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use. Additionally, for Content other than the Early Journal Content, Institutions and users may not: (g) modify, obscure, or remove any copyright notice or other attribution included in the Content; (h) incorporate Content into an unrestricted database or website, except as provided in 4.1(e) above; (i) systematically print out or download Content to stock or replace print holdings; (j) download or print, or attempt to download or print an entire issue of a journal (unless such entire issue has been purchased through the Publisher Sales Service) or substantial portions of the entire run of a journal, except for the specific case in which the complete contents of a journal issue or a substantial portion of Content (e.g. a series of scholarly essays) is relevant to the particular research; or (k) reproduce or distribute Content in bulk, such as the inclusion of Content including portions of Content (e.g., Book chapters, individual articles and/or journal issues) or Content in course packs, electronic reserves, repositories, or organizational intranets (but see Section 4.1(f) above). 6. Linking JSTOR encourages the use of links to facilitate access to the Content by Authorized Users and Institutional Licensees, including but not limited to links to online syllabi, bibliographies, and reading lists. All Content has a stable URL that can be found in the Browse and Search interfaces of JSTOR’s website as well as on the Article Information page each discrete Content item. Further information on establishing stable links to material in JSTOR may be obtained from User Support (support@jstor.org). 7. Interlibrary Loan Institutional Licensees may wish to use the textual Content, namely Back Issues, Current Issues and Books, for the purpose of fulfilling occasional requests from other libraries, a practice commonly called Interlibrary Loan. Institutional Licensees may use Licensed Content for Interlibrary Loan provided that such use is not at a volume that would substitute for a subscription to the journal, acquisition of access to a Book, or participation in JSTOR by the receiving institution and is in accordance with United States or international copyright laws, guidelines, or conventions. For Books, this shall mean Interlibrary Loan shall be restricted to a single copy of a Book chapter. Institutional Licensees shall comply with the CONTU Guidelines, available at http://old.cni.org/docs/infopols/CONTU.html unless the Institutional Licensee is subject to similar international guidelines or customary and usual practices regarding Interlibrary Loan. Transmission of Licensed Content shall be from one library to another (not directly to users) through post or fax, or secure electronic transmission, such as Ariel or its equivalent. To facilitate direct contact with publishers for the provision of Content outside the allowable scope of Interlibrary Loan or for other permissions, publisher information is available at http://about.jstor.org/jstor-publishers. 8. Responsibilities of Users 8.1 Access. Institutional Licensees shall make reasonable efforts to ensure that access to the Licensed Content is limited to Authorized Users and to protect the Licensed Content from unpermitted use, including but not limited to by issuing and terminating passwords within its control, verifying the status of Authorized User, providing lists of valid passwords or set of IP addresses to JSTOR if applicable, updating such lists on a regular basis and providing any information or assistance necessary for JSTOR to implement whatever user authentication processes JSTOR may establish in its sole discretion. Authorized Users shall be responsible for maintaining the confidentiality and security of his or her username and/or password (if such are provided), and for all usage or activity by them of JSTOR and may not provide access to JSTOR to anyone else. 8.2 Unpermitted Use. Institutional Licensees and Authorized Users shall notify JSTOR of any such unpermitted use of which they learn or are notified, including but not limited to any known or suspected unauthorized use(s) of an individual or institutional account or unauthorized use of JSTOR, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a username, password, and/or IP address, and shall work cooperatively with JSTOR to resolve problems of unpermitted use. In the event of violation of these Terms and Conditions of Use by an Authorized User, (a) JSTOR may suspend or terminate, or, where practicable, request that Institutional Licensee suspend or terminate, such Authorized User’s access to the Licensed Content; (b) JSTOR may suspend or terminate the access of the Internet Protocol (“IP”) address(es) or other authorization and authentication mechanisms from which such unauthorized use occurred; and/or (c) JSTOR may request Institutional Licensee to consider the imposition of further reasonable restrictions on access to, and downloading and printing from, the JSTOR Platform. JSTOR shall make reasonable efforts to contact the Institutional Licensee prior to any suspension or termination of access and to restore access promptly following successful resolution of the matter. 8.3 Posted Material. Where Authorized Users are able to submit material and/or post comments on the JSTOR Platform, they represent and warrant that they will not upload or otherwise publish through JSTOR any materials that: (a) are protected by copyright, or other proprietary or intellectual property rights; (b) are libelous, defamatory, obscene, pornographic, abusive, or invasive of another’s privacy or hateful; or (c) contain a virus, spyware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. Authorized Users acknowledge and agree that any material that they submit or comments that they post may be edited, removed, modified, and/or published by JSTOR without notice. 8.4 Indemnification. Institutional Licensee agrees to indemnify JSTOR against any damage arising from breach of the Participation Agreement or the Terms and Conditions of Use to the extent allowed by applicable law (including but not limited to laws which limit liability for public educational or government institutions), it being understood that only individual Authorized Users shall be held responsible, and shall indemnify and hold JSTOR harmless from any and all liability and costs incurred, for any violations by them of the Terms and Conditions of Use. 8.5 Hardware and Software. Institutional Licensees understand and agree that Internet browser software is required to access the JSTOR Platform and Institutional Licensees and/or Authorized Users are responsible for providing and maintaining any hardware and Internet access necessary to provide access to the JSTOR Platform and any and all costs associated therewith. The Hardware and Software Requirements page available at http://about.jstor.org/jstor-help-support/admin-support#399711, as may be updated by JSTOR from time to time consistent with evolving industry standards, sets forth hardware platforms and browsing software required and/or recommended for accessing the JSTOR Platform. 9. Intellectual Property Rights 9.1 General Intellectual Property Rights. The JSTOR Platform and any trademarks, issued patents and patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other intellectual property rights (collectively, “Intellectual Property”) relating to the JSTOR Platform and its participating libraries, universities, publishers, scholarly societies, and journals are proprietary to JSTOR or, as applicable, the aforementioned entities, subject to the rights of third parties. 9.2 Trademarks. Neither JSTOR nor Institutional Licensee may use the other’s name or trademark and Institutional Licensees and users may not use the name or trademarks of the above-noted entities without approval except: (i) JSTOR may use Institutional Licensees’ names and/or the names of their libraries in brochures or other materials to identify Institutional Licensees as participants in JSTOR along with other participants, and (ii) Institutional Licensees are encouraged to use JSTOR’s name and logo to announce participation to Authorized Users and to train Authorized Users on the use of JSTOR. 10. Responsibilities of JSTOR 10.1 JSTOR will use reasonable efforts to provide continuous availability of the JSTOR Platform subject to periodic unavailability due to maintenance and/or updates of the server(s) and platform and downtime related to equipment or services outside the control of JSTOR (“Maintenance Downtime”). If JSTOR fails to provide online availability to the JSTOR Platform for more than 72 hours during any period of 30 consecutive calendar days Institutional Licensee may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its annual access fee for each 30-day period so affected or (b) terminate its agreement by providing written notice to JSTOR. JSTOR will provide support to Institutional Licensees and Authorized Users in accordance with the terms set forth http://about.jstor.org/support-training/help. 10.2 JSTOR is committed to supporting and working with industry standards and best practices for online information delivery as these standards are developed. In furtherance of this commitment, JSTOR shall use reasonable efforts to ensure that: (a) Subject to constraints imposed by or in agreement with publishers and/or by third party rights holders, the Content contained in the JSTOR Platform that is produced by digitizing print material are complete and faithful replications of the print versions of such Content. (b) JSTOR Platform is compliant with Section 508 of the Rehabilitation Act and W3C WAI WCAG 2.0 Level AA except that JSTOR Global Plants and the Primary Source Materials include a large number of images, maps and other heavily visual forms of content, and in cases where the magnification feature of the image viewer does not suffice, JSTOR will only be able to provide access to metadata regarding images. Subject to constraints imposed by or in agreement with publishers, third party rights holders, and/or by digital rights management technology, JSTOR will make good faith efforts to ensure that the Books contained in the JSTOR Platform meets these accessibility standards. Register & Read Users who require an accessible version of certain Content, please contact JSTOR User Support. For more information on accessibility see http://about.jstor.org/accessibility. (c) the JSTOR Platform meets ANSI/NISO z39.88-2004 OpenURL standards; (d) the JSTOR Platform is compatible with the NISO Metasearch XML Gateway (MXG) protocol in development, XML and SRU/SRW search interfaces; and (e) It makes available to Institutional Licensees COUNTER-compliant usage statistics. 11. Warranty; Disclaimers 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee’s or Authorized Users’ use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR’s sole obligation will be to repair the nonconformity. In no event will JSTOR’s liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS (“CONTENT PROVIDERS”) DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants, Cultural Heritage Sites and Landscapes and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply, and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content. 12. Archiving and Long-Term Access 12.1 Archiving of Back Issues and Grey Literature. As an archive serving the scholarly community, JSTOR provides long term preservation of the Back Issue and Grey Literature material in its collections by pursuing best practices and standards in the creation and maintenance of the JSTOR Platform and establishing mirror sites and multiple back up files for all of the materials in the JSTOR Platform, and for those Back Issue materials included in the JSTOR Platform that have print editions, establishing dedicated repositories at several participating institutions to house and preserve the print copies under archival-quality conditions. With the support of Institutional Licensees, JSTOR is also developing an endowment to ensure the long term operating viability of the JSTOR Platform. Institutional Licensees typically pay an Annual Access Fee (a recurring payment for access to the JSTOR Platform) and an Archive Capital Fee (a one-time fee to ensure long term preservation, upgrading and enhancements of the scholarly materials on JSTOR). Should an Institutional Licensee elect to terminate access to a JSTOR collection containing Back Issues and/or Grey Literature, it may resume access to that collection and all content subsequently added to that collection at any time in the future through payment of only the Annual Access Fee (unless the Institutional Licensee has remaining installments of the Archive Capital Fee in which case it will also resume paying that fee from the point at which the Institutional Licensee left). 12.2 Post Cancellation Access for Current Issues. Access to Current Issues shall be available to Institutional Licensees following the Institution’s cancellation or non- renewal of a subscription to the Current Issues of the applicable journal (“Post Cancellation Access”) (i) through Portico for Portico participants (all of the journals whose Current Issues are available on the JSTOR Platform are also part of the Portico digital preservation service); (ii) for Institutions that continue to license Back Issues for applicable fees, JSTOR will honor access to subscribed Current Issues for cancelled or non-renewed Subscriptions until the Moving Wall catches up to the year in which the subscription was cancelled or discontinued; or (iii) if neither (i) nor (ii) apply JSTOR will arrange for alternative access for a small fee if the Institutional Licensee is not a Portico participant. 12.3 Perpetual Access for Books. In the event of an Institution’s cancellation or non-renewal of an Institutional Participation Agreement JSTOR shall provide access to Books through either JSTOR (with possible limitations on access and functionality) or Portico (many of the Books which are available on the JSTOR Platform are also part of the Portico digital preservation service) as selected in JSTOR’s discretion. 13. DMCA Notifications If you believe that content in the Primary Source Materials violates your copyright or otherwise violates your rights, please send a written notice to JSTOR directed to the Office of the General Counsel, JSTOR, 2 Rector Street 18th Floor, New York, NY, 10006 or send an email to the address listed at http://www.copyright.gov/onlinesp/agents/j/jstor(2).pdf. Please provide with your notice the following information, consistent with the Digital Millennium Copyright Act: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) identification of the infringing material and information that will permit JSTOR to locate the material; (d) information that will permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement by you that, in your good faith belief, use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon such notification, or if JSTOR learns of such a claim from another source, JSTOR may remove such content pending the resolution of such claim. 14. Additional Terms and Conditions of Use 14.1 JPASS Users will have access to certain Content for unlimited read-only access subject to the JPASS User’s agreement with JSTOR (the “JPASS Agreement”) and subject to these Terms and Conditions of Use. A fixed number of available Content items may be downloaded per month as further specified in the JPASS Agreement and once the JPASS User has reached the download limit the JPASS User will no longer be able to download Content. 14.2 “Register & Read Users will have access to certain Content on a limited, read-only basis. A fixed number of available Content items may be placed on an Authorized User’s “MyJSTOR shelf” and each item can only be removed and replaced with other items after a fixed period of time (the number of items and amount of time to be determined by JSTOR and the publishers). 14.3 Data for Research is a JSTOR program for research activities involving computational analysis rather than for purposes of understanding the intellectual meaning of such content. Data for Research users will be able to (i) search the JSTOR archive using the Data for Research search function; (ii) download chart data to view, use and display as Excel-compatible CSV files; (ii) view document-level data including word frequencies, citations, key terms and ngrams; requesting and downloading datasets containing word frequencies, citations, key terms, or ngrams associated with the Data for Research selected; and (iv) subject to registration with JSTOR and at JSTOR’s discretion, access additional data via a method prescribed by JSTOR. For the purpose of clarity, Data for Research is not limited to Licensed Content. Additional use of Data for Research and access to a custom dataset are subject to JSTOR’s approval. Please see the Data for Research registration page for further information http://dfr.jstor.org/accounts/register/. The Prohibited Uses described in Section 5 above apply also to uses of Data for Research. 14.4 Institutions in the United Kingdom and Republic of Ireland, and their users please see http://www.jisc-collections.ac.uk/Terms–Conditions/ for the Ireland Collection. 14.5 Institutions in the United Kingdom and their users please see http://www.jisc-collections.ac.uk/Terms–Conditions/ for the 19th Century British Pamphlets Collection. 15. Withdrawing Content from JSTOR JSTOR may withdraw Content from JSTOR for good cause shown. JSTOR would endeavor, to the extent practicable, to minimize any inconvenience to Authorized Users caused by such withdrawal. However, should JSTOR be unable to avoid such inconvenience, JSTOR in no way will be held liable for the withdrawal of such Content from the JSTOR Platform. If JSTOR withdraws a material amount of Content, Institutional Licensee may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its annual access fee for the Agreement then in effect or (b) terminate its agreement without penalty by providing written notice to JSTOR. 16. Privacy Policy Use of JSTOR indicates acceptance of JSTOR’s Privacy Policy, available http://about.jstor.org/privacy as it may be amended from time to time. ITHAKA does not knowingly collect personally identifiable information from anyone under the age of 13. If it is discovered that we have collected PII from someone under 13 we will delete that information immediately. 17. Force Majeure Neither JSTOR nor Institutional Licensees or Authorized Users will be liable for failures or delays in performing their obligations pursuant to this contract arising from any cause beyond their control, including but not limited to, act of God, acts of civil or military authority, terrorism, fires, strikes, lockouts or labor disputes, epidemics, wars, riots, earthquakes, storms, typhoons and floods and in the event of any such delay, the time for either party’s performance will be extended for a period equal to the time lost by reason of the delay. If the conditions giving rise to the delay continue beyond thirty (30) consecutive days, either party may terminate its agreement with the other by giving written notice to the other party. 18. General 18.1 These Terms and Conditions of Use are, where applicable, subject to and incorporated by reference into Institutional Licensees’ Institutional Participation Agreements. In the event of any conflict between these Terms and Conditions of Use and the Institutional Participation Agreement applicable to an Institutional Licensee and/or Authorized User, the Institutional Participation Agreement will prevail. 18.2 These Terms and Conditions of Use will be interpreted and construed according to United States Federal law, excluding any such laws or conventions that might direct the application of the laws of another jurisdiction, and venue will lie exclusively in the federal and state courts of the United States, excluding any such laws to the contrary. 18.3 If you are a United States public educational or government institution, those portions of this Agreement which are invalid or unenforceable against you due to applicable state or federal law, shall be construed in a manner most consistent with applicable governing law. 18.4 If any provision or provisions of these Terms and Conditions of Use will be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions will not be in any way affected or impaired thereby. A waiver of any breach of these Terms and Conditions of Use will not be deemed a waiver of other breaches of these Terms and Conditions of Use. 18.5 The English language version of agreements with JSTOR will be controlling over any other version. 18.6 In the interest of managing the evolving needs of Institutional Licensees, Authorized Users, and Content providers, JSTOR reserves the right to modify these Terms and Conditions, or any aspect of JSTOR, at any time. The most updated these Terms and Conditions of Use will be posted on the JSTOR website. JSTOR will notify Institutional Licensees via email of material modifications. A modification will become effective for an Institutional Licensee if it does not object in writing to JSTOR within 60 (sixty) days from the time JSTOR emails notice of the modification. In the event of such an objection, the Institutional Licensee will have the right to terminate the Agreement on 30 (thirty) days written notice. Last updated on March 24, 2017 BorrowBox Terms & Conditions Welcome to BorrowBox Your library has entered into an agreement with Bolinda Digital Pty Ltd ("Bolinda Digital") to provide you with access to the Bolinda Digital Service ("Service"). This Service allows you to borrow digital content for a fixed loan period. By using the Bolinda Digital Service, you are entering into a legally binding agreement ("Agreement") with Bolinda Digital Pty Ltd. This Agreement and any updates, additional software licenses and all of Bolinda Digital's policies collectively constitute your Agreement with Bolinda Digital. To Agree to these terms click "Agree". If you do not agree to these terms, do not click "Agree" and do not use the Service. This Agreement allows you to use digital content under the terms and conditions set out below. 1. If you are under the age of 18 If you are under the age of 18, you should review these terms and conditions with your parent or guardian before agreeing to make sure that you or your parent or guardian understand your and their legal obligations. 2. Bolinda Digital Privacy Policy This Agreement is subject to the Bolinda Digital Privacy Policy (see home page), which is expressly incorporated into this Agreement. If you have not already read Bolinda Digital's Privacy Policy, you should do so now before using the Service. 3. Objectionable material By using the Service, you may encounter content that may be deemed offensive, indecent or objectionable. There may be no warning of this. You agree to use this Service at your sole risk and Bolinda Digital has no liability to you for content that may be found to be offensive, indecent or objectionable. 4. Your Information It is a condition of use that you provide accurate, current and complete information required to register with the Service and at other points as may be required in the course of using the Service. You must maintain and update your registration as required to keep it accurate, current and complete. Bolinda Digital may terminate your rights to use the Service if any information you provide is false, inaccurate or incomplete. You agree that Bolinda Digital may store and use your information you provide for use in maintaining your account. 5. Responsibility for your account When you become a registered user of the Service, you will be required to set up an account. You are solely responsible for maintaining the confidentiality and security of your account. You must not reveal your account information to anyone else. You must not use anyone else's account or allow anyone to use your account. You are entirely responsible for all activities that occur through your account, and you agree to immediately notify Bolinda Digital of any unauthorised use of your account or any breach of security. Bolinda Digital will not be responsible for any losses arising out of the unauthorised use of your account. 6. Digital Content License When you download Content from the Service, Bolinda Digital grants you a limited, revocable, non-exclusive, non-transferable license to download or stream the Content to your computer or one portable media player solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Content in any manner and you shall not exploit it commercially. You must not decompile, disassemble, reverse engineer, modify or create derivative works from the files. Your licence will be for the duration of the term specified. You will receive a reminder email at the end of the loan term telling you that you must delete the files. Because you are downloading files on a borrowing licence, you must delete them when the term is over. Your obligation to delete the files exists even if you do not receive the reminder email. Failure to delete files will constitute a breach of the copyright licence and Bolinda Digital may suspend your access to the Service temporarily or permanently. 7. Website Access License The Bolinda Digital Service is provided to you by your library. Bolinda Digital grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of this website and not to download (other than page caching) or modify all or any portion of it. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any use or reproduction of logos or images of Bolinda Digital, its content providers or its affiliates; any derivative use of this website 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. This website and/or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilise framing techniques to enclose any trade mark, logo or other proprietary information (including images, text, page layout or form) of Bolinda Digital, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilising our name or trade marks without our express written consent. Any unauthorised use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of this website so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Bolinda Digital or BorrowBox logo or other proprietary graphic or trade mark as part of the link without express written permission. 8. Security Content transacted through the Service incorporates active security technology that allows tracing of files back to borrowers, particularly whether files have been made available for sale or resale, or through file sharing or peer-to-peer networks. By using the Service, you consent to the tracing and identification of files by Bolinda Digital and its agents. If it is detected that you have attempted to sell or share files, your access to the Service may be suspended temporarily or permanently and you may be prosecuted for copyright infringement. You must not attempt to, or assist another person to attempt to, circumvent, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to these rules for any reason whatsoever. Bolinda Digital reserves the right to enforce usage rules with or without notice to you. You agree that you will not access the software that allows access to the Service by any other means than that which is provided by Bolinda Digital. You agree that you will not modify the software in any manner or use modified versions for any purpose including but not limited to obtaining unauthorised access to the Service. Any violation of the Service or security may result in civil or criminal liability. Where payments are required to purchase loans, Bolinda Digital uses third party merchant facility providers to facilitate payments for the Service. Charges will be specified and you will be given an opportunity to approve transactions before they occur. Sales tax will be charged according to law and at the time that your transaction is completed. 9. Consent to gathering of information In order to provide the Service, Bolinda Digital gathers information on all users and requires access to information held by your library. By using the Service, you consent to your library providing to Bolinda Digital all your information upon Bolinda Digital's request without prior notice to you. Bolinda Digital may also store and use information on your borrowing history to make recommendations that Bolinda Digital believes may be of interest to you. Bolinda Digital agrees that it will not request your information from your library except for purposes permitted under this Agreement. 10. Limitation of downloads Bolinda Digital may limit your use of the Service to a particular number of downloads for a specific period, depending on the terms of its agreement with your library. The limitations, number of downloads and period duration are subject to change at any time without notice. Your use of the Service may also be limited or terminated if you breach this Agreement. 11. Uploading and posting information The Service may allow you to interact with or submit or post information, reviews, materials, links to third parties accessible and viewable by other users. You represent and agree that any use by you including any information or materials or links submitted or posted by you will be your sole responsibility and will not violate or infringe the rights of any party or breach any laws, contribute or encourage infringement or otherwise unlawful conduct or obscene objectionable material and that you have obtained all necessary rights, licenses or clearances. You also agree to provide complete, accurate information in connection with your submission or posting of information or materials on the Service. Bolinda Digital reserves the right to not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. 12. Intellectual Property You agree that the Service including but not limited to Products, graphics, user interface, audio clips, editorial content and the scripts and software used to implement the Service, contains proprietary information that is owned by Bolinda Digital and/or its licensors and is protected by applicable intellectual property laws and other laws, including but not limited to copyright. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner and you will not exploit the Service in any unauthorised way whatsoever. All copyright in and to the Service including but not limited to the compilation of content, postings, links to other resources or Internet resources and software are owned by Bolinda Digital and/or its licensors. Bolinda Digital reserves all its rights at law or in equity. Any infringement of the intellectual property rights of Bolinda Digital may subject you to civil and criminal penalties including possible monetary damages. Any trade marks, service marks or graphics and logos used in connection with the Service are owned by or registered in the name of Bolinda Digital. You must not use or copy any trade marks, logos or graphics in any way whatsoever. Bolinda Digital may provide you with limited access to download certain album cover art for eAudiobooks, subject to availability. Bolinda Digital does not warrant or endorse and does not assume and will not have any liability or responsibility for album art cover or your use of that cover art. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any third party. 13. Termination If you fail or Bolinda Digital suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Bolinda Digital with a valid credit card or with accurate and complete account registration, violation of the usage rules or any license to the software or infringement or other violation of third party rights, Bolinda Digital at its sole discretion and without notice to you may terminate this Agreement and/or your Account and you will remain liable for all amounts due under your account to and including the date of termination and/or Bolinda Digital will terminate the license to the software and/or prevent access to the Service. Bolinda Digital reserves the right to change, modify, suspend or discontinue the Service at any time with or without notice to you. Bolinda Digital will not be liable to you or to any third party should it choose to exercise those rights. Bolinda Digital reserves the right to take any appropriate steps it believes to be necessary to enforce and/verify compliance with any part of this Agreement - including Bolinda Digital's right to cooperate with any legal process relating to your use of the Service and or the Products or that your use of the Service and/Products infringes the rights of third parties. You agree that Bolinda Digital has the right to disclose any account information or data to law enforcement authorities, government official or third parties to your use of the Service and/or Products is unlawful and/or infringes a third parties rights. 14. Disclaimer and Limitation of Liability Bolinda Digital does not guarantee, represent or warrant that your use of the Service will be uninterrupted, delay-free or error free, and you agree that from time to time Bolinda Digital may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you. Bolinda Digital is also not responsible for technical failures or any failures resulting from actions of its third party content providers and technical service providers. In no case will Bolinda Digital, its directors, officers, employees, agents or licensors be liable for any direct, indirect, incidental, special or consequential damages (including any damage caused to equipment, computers or portable media players) arising out of your use of the Service or for any other claim related in any way to your use of the Service, including but not limited to loss or damage of any kind as a result of the use of any content transmitted or otherwise made available to you via the Service, even if advised of the possibility. Bolinda Digital does not represent or guarantee that the Service will be free from loss, corruption, viruses, interference, hacking or other security intrusion. Bolinda Digital disclaims any liability relating to security intrusions. Bolinda Digital does not represent or guarantee that files downloaded using the Service can be played or accessed using your equipment, that such files are complete, audible or legible or that they confirm with the descriptions on the website. While Bolinda Digital will take all reasonable precautions to protect information submitted by you, it is not liable for any loss of information, whether such loss occurs due to unauthorised access to records or hacking or due to security breaches of third party credit card merchant facility providers. By using the Service, you agree to indemnify and hold Bolinda Digital, its directors, employees, agents and licensors harmless with respect to any claim arising out of your breach of this Agreement, your use of the Service or any action taken by Bolinda Digital as a part of its investigation of a suspected violation of this Agreement, or as a result of finding that a violation has occured. This means you cannot sue Bolinda Digital, its directors, employees, agents and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, suspend or terminate your access to the Service. 15. Bolinda Digital may make changes Bolinda Digital reserves the right at any time, or from time to time to update, revise, supplement or otherwise modify this Agreement and to impose new or additional rules to your use of the Service. All updates, revisions, modifications and new rules will be effective immediately and incorporated into this Agreement. Your continued use of the Service following changes to this Agreement are deemed to constitute your acceptance of any new and additional terms to the Agreement. No Bolinda Digital employee or affiliate library has the authority to vary any of the terms in this Agreement. 16. Victorian law applies The laws of the State of Victoria, Australia govern this Agreement and your use of the Service. You agree that the exclusive jurisdiction for any claim or dispute with Bolinda Digital or your use of the Service resides in the applicable courts of the State of Victoria, Australia. BorrowBox Privacy Policy Bolinda Digital is the provider of this online library service to your library. We provide eMedia, such as eAudiobooks, and make them available for you to borrow and enjoy via this online library service. This Privacy Notice governs the collection, use, and disclosure of personal information that may be collected by Bolinda Digital anytime you interact with the online library service. By using the service, you are accepting the practices described in this Privacy Notice. So please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, and how we safeguard your personal information. Your privacy is a priority at Bolinda Digital, and we go to great lengths to protect it. Why do we collect personal information? We collect personal information because it helps us deliver a superior level of customer service. Your personal information helps us keep you posted on the latest eAudiobook releases, online library service updates, special offers, and other relevant information you might like to hear about. Also, via the choices you make and the feedback you may provide, we learn ways to improve our service and its delivery. What personal information do we gather? Information you give to us: We receive and store any information you enter on our website or give us in any other way. Examples include your sign in and personal details. We use the information that you provide for such purposes as responding to your requests, customising future borrowing for you, and keeping you updated on new releases and services. You can choose not to provide certain information, but then many of our service features will not be available to you. Automatically: We receive and store certain types of information whenever you interact with us. For example, like many other websites, we use cookies. How do we use cookies? Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognise your browser and store information between visits. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. If you block cookies, it may prevent the delivery of the complete service to you. Do we share information with third parties? We do not sell information to third parties and we do not provide information to third parties for the purposes of marketing products to you. We share information only with referring libraries, content providers, third party service providers and security monitoring agents. We provide information only for the following purposes: 1. To ensure compliance with the Terms and Conditions of using the Bolinda Digital Service. 2. To assist with the provision of technical and credit card facility services to you. Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the protections in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). If Bolinda Digital Pty Ltd is acquired, customer information will be one of the transferred assets. However, if you are using the Bolinda Digital Service through a community library, the information supplied by the library will not be part of the transferable business assets. Protection of Bolinda Digital and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Bolinda Digital, our content providers, our users, or others. This includes exchanging information with other companies and organisations for copyright infringement, fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice. With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information. How secure is information about me? We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you have finished using a shared computer. What information can I access? You can update your information at any time by clicking on "My Account". You are entitled to request that we provide you with a copy of all information we store in relation to your account. What choices do I have? You can always choose not to provide information. If the information is needed for a transaction - such as to borrow an eAudiobook - then the transaction will not proceed. You can add or update certain information on pages such as "My Account". When you update information, we usually keep a copy of the prior version for our records. If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences. (If you do not want to receive Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of BorrowBox. You will need to agree to changes to proceed). Are children allowed to use BorrowBox? Yes, but children must review this Privacy Policy and the Bolinda Digital Terms and Conditions with a parent or guardian before agreeing to make sure that they and their parent or guardian understand their legal rights and obligations. Conditions of Use, Notices, and Revisions If you choose to visit BorrowBox, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Victoria, Australia. If you have any concern about privacy at Bolinda Digital, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers. Information you give us You provide most such information when you search, borrow, buy, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a title; borrow a title; buy a title; provide information in your My Account; communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; provide employer information when opening a corporate account; participate in discussion boards or other community features; provide and rate reviews; and specify a special occasion reminder. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; content of reviews and e-mails to us; personal description and photograph in your profile; and financial information. Automatic information Examples of the information we collect and analyse include the Internet Protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; borrowing and purchase records; the full Uniform Resource Locator (URL) clickstream to, through, and from our website, including date and time; cookie number. We may also use browser data such as cookies. During some visits we may use cookies to measure and collect session information, including page response times and length of visits to certain pages. Information from other sources Examples of information we receive from other sources include ID and password information from client libraries or other third parties, which we use to correct our records; and account information. We obtain further detailed information from libraries only if there has been a breach of copyright or other laws. Information you can access Examples of information you can access easily on BorrowBox include up-to-date information regarding recent titles accessed or borrowed; personally identifiable information (including name, e-mail, password and communications preferences); payment settings (including credit card information); e-mail notification settings; and recommendations. Adobe General Terms of Use Last updated April 1, 2017. Replaces the prior version in its entirety. These terms govern your use of our website or services such as the Creative Cloud (collectively, “Services”) and software that we include as part of the Services, including any applications, Content Files (defined below), scripts, instruction sets, and any related documentation (collectively “Software”). By using the Services or Software, you agree to these terms. If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement controls where it conflicts with these terms. As discussed more in Section 3 below, you retain all rights and ownership you have in your content that you make available through the Services. 1. How this Agreement Works. 1.1 Choice of Law. If you reside in North America, your relationship is with Adobe Systems Incorporated, a United States company, and the Services and Software are governed by the law of California, U.S.A. If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited, and the Services and Software are governed by the law of Ireland. For customers in Australia, Adobe Systems Software Ireland Limited is acting as an authorized agent of Adobe Systems Pty Ltd. and is entering into this contract in its capacity as agent for Adobe Systems Pty Ltd. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited by law. 1.2 Eligibility. You may only use the Services if you are over 13 years old. 1.3 Privacy. The Privacy Policy at http://www.adobe.com/go/privacy governs any personal information you provide to us. By using the Services or Software you agree to the terms of the Privacy Policy. 1.4 Desktop Application Usage Data. You have the option to share information with Adobe about how you use our desktop applications. This option is turned on by default. This information is associated with your Adobe account and allows us to provide you with a more personalized experience, and helps us improve product quality and features. You can change your preference any time on your Adobe Account Management page. To learn more about desktop application usage data, go to http://www.adobe.com/go/app_usage_FAQ 1.5 Availability. Pages describing the Services are accessible worldwide but this does not mean all Services or service features are available in your country, or that user-generated content available via the Services is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages. 1.6 Additional Terms. Some Services or Software are also subject to the additional terms below (the “Additional Terms”). Any content that we provide to you (such as Software, SDK, samples, etc.) are licensed, not sold, to you, and may be subject to Additional Terms. New Additional Terms may be added from time to time. Acrobat.com Adobe Stock Contributor CS6 Software Fuse Typekit Adobe Creative SDK Behance Demo Assets Project 1324 Adobe Sign Business Catalyst Document Cloud PhoneGap Build Adobe Stock CC 2013 Software EchoSign Software included as part of the Services 1.7 Order of Precedence. If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Service or Software. 1.8 Modification. We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid. 2. Use of Service. 2.1 License. Subject to your compliance with these terms and the law, you may access and use the Services. 2.2 Adobe Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms. 2.3 Storage. When the Services provide storage, we recommend that you continue to back up your content regularly. We may create reasonable technical limits on your content, such as limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account. 2.4 User-Generated Content. We may host user-generated content from our users. If you access our Services, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content. If available, you may also click on the “Report” button to report the content to us. 2.5 Content Files. “Content Files” means Adobe-provided sample files such as stock images or sounds. Unless the documentation or specific license associated with the Content Files state otherwise, you may use, display, modify, reproduce, and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you must not claim any trademark rights in the Content Files or derivative works of the Content Files. 2.6 Other License Types. (a) NFR Version. We may designate the Software or Services as “trial”, “evaluation”, “not for resale”, or other similar designation (“NFR Version”). You may install and use the NFR Version only during the period and only for the purposes that we have stated when we provide the NFR Version. You must not use any materials you produce with the NFR Version for anything other than non-commercial purposes. (b) Pre-release Version. We may designate the Software or Services, or a feature of the Software or Services, as a pre-release or beta version (“Pre-release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version. Any separate agreement we enter into with you governing the Pre-release Version will supersede the provisions on Pre-Release Version set out in this section. (c) Education Version. If we designate the Software or Service as for use by educational users(“Educational Version”), then you may only use the Educational Version if you meet the eligibility requirements stated at http://www.adobe.com/go/edu_purchasing. You may install and use Educational Version only in the country where you are qualified as an educational user. If you reside in the European Economic Area, then the word “country” in the sentence preceding this one means the European Economic Area. 3. Your Content. 3.1 Ownership. You retain all rights and ownership of your content. We do not claim any ownership rights to your content. 3.2 Licenses to Your Content in Order to Operate the Services. We require certain licenses from you to your content to operate and enable the Services. When you upload content to the Services, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed in response to user driven actions (such as when you choose to store privately or share your content with others). This license is only for the purpose of operating or improving the Services. 3.3 Our Access. We will only access, view, or listen to your content in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce these terms. Our automated systems may analyze your content using techniques such as machine learning. This analysis might occur as the content is sent, received, or when it is stored. From this analysis, we are able to improve the Services. To learn more about the machine learning we do, go to http://www.adobe.com/go/machine_learning. 3.4 Sharing Your Content. (a) Sharing. Some Services may provide features that allow you to Share your content with other users or to make it public. “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services. Other users may use, copy, modify, or re-share your content in many ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the content that you Share. (b) Level of Access. We do not monitor or control what others do with your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. If you do not choose the access level to apply to your content, the system may default to its most permissive setting. It’s your responsibility to let other users know how your content may be shared and adjust the setting related to accessing or sharing of your content. (c) Comments. The Services may allow you to comment on content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us. 3.5 Termination of License. You may revoke this license to your content and terminate our rights at any time by removing your content from the Service. However, some copies of your content may be retained as part of our routine backups. 3.6 Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback. 3.7 Selling Your Content. We may allow you to license your content to other users through our Services. If available, you may choose to license your content through us under a separate agreement or directly to other users under an agreement between you and the buyer. 4. Account Information. You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services. 5. User Conduct. 5.1 Responsible Use. The Adobe communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly. 5.2 Misuse. You must not misuse the Services, Software, or content that we provide to you as part of the Services. For example, you must not: (a) copy, modify, host, stream, sublicense, or resell the Services, Software, or content; (b) enable or allow others to use the Service, Software, or content using your account information; (c) use the content or Software included in the Services to construct any kind of database; (d) access or attempt to access the Services by any means other than the interface we provided or authorized; (e) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (f) share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.); (g) upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful; (h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (i) attempt to disable, impair, or destroy the Services, software, or hardware; (j) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way), (k) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages; (l) place advertisement of any products or services in the Services except with our prior written approval; (m) use any data mining or similar data gathering and extraction methods in connection with the Services; or (n) violate applicable law. 6. Fees and Payment. 6.1 Taxes and Third-Party Fees. You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable Adobe entity that you are transacting with (i.e. Adobe Systems Incorporated for North American customers and Adobe Systems Software Ireland Limited for customers in all other countries), your payments will be made to a foreign entity. 6.2 Credit Card Information. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain. 7. Your Warranty and Indemnification Obligations. 7.1 Warranty. By uploading your content to the Services, you agree that you have: (a) all necessary licenses and permissions, to use and Share your content and (b) the rights necessary to grant the licenses in these terms. 7.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services or Software, or your violation of these terms. 8. Disclaimers of Warranties. 8.1 Unless stated in the Additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected. 8.2 We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Software. 9. Limitation of Liability. 9.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury. 9.2 Our total liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to the Service and Software during the three- month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy. 9.3 The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law. 10. Termination. 10.1 Termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees. 10.2 Termination by Us. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. Unless stated in Additional Terms, we may, at any time, terminate your right to use and access the Services or Software if: (a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms); (b) you fail to make the timely payment of fees for the Software or the Services, if any; (c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful); (d) we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or (e) there has been an extended period of inactivity in your free account. 10.3 Termination by Group Administrator. Group administrators for a Service such as “Creative Cloud for team” may terminate a user’s access to a Service at any time. If your group administrator terminates your access, then you may no longer be able to access content that you or other users of the group have shared on a shared workspace within that Service. 10.4 Survival. Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Software may cease to operate without prior notice. 11. Investigations. 11.1 Screening. We do not review all content uploaded to the Services, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall). 11.2 Disclosure. We may access or disclose information about you, or your use of the Services, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public. 12. Export Control Laws. The Software, Services, content, and your use of the Software, Services, and content, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Software, Services, and content. You agree to comply with all the laws, restrictions, and regulations. 13. Dispute Resolution. 13.1 Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or Adobe must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify. 13.2 Rules. If you reside in the Americas, JAMS will administrate the arbitration in Santa Clara County, California pursuant to its Comprehensive Arbitration Rules and Procedures. If you reside in Australia, New Zealand, Japan, mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan, South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state of the Association of Southeast Asian Nations (ASEAN), then the Singapore International Arbitration Centre (SIAC) will administer the arbitration in Singapore under its Rules of Arbitration, which rules are deemed to be incorporated by reference in this section. Otherwise, the London Court of International Arbitration (LCIA) will administer the arbitration in London under the LCIA Arbitration Rules. There will be one arbitrator that you and Adobe both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties. 13.3 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. 13.4 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 14. Compliance with Licenses. If you are a business, company, or organization, then we may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Software or Services is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us in order to verify that its installation and use of any and all Software and Services is in conformity with your valid licenses from us within 30 days of our request. If the verification discloses a shortfall in licenses for the Software or Services, you will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification. 15. Modification. We may modify these terms or any additional terms that apply to a Service or Software to, for example, reflect changes to the law or changes to our Services or Software. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service or Software. By continuing to use or access the Services or Software after the revisions come into effect, you agree to be bound by the revised terms. 16. Miscellaneous. 16.1 English Version. The English version of these terms will be the version used when interpreting or construing these terms. 16.2 Notice to Adobe. You may send the notices to us at the following address: Adobe Systems, 345 Park Avenue, San Jose, California 95110-2704, Attention: General Counsel. 16.3 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means. 16.4 Entire Agreement. These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services. 16.5 Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party. 16.6 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms. 16.7 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section. 17. DMCA. We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). You can learn more about Adobe's IP Takedown policies and practices here: http://www.adobe.com/legal/dmca.html. Adobe Systems Incorporated: 345 Park Avenue, San Jose, California 95110-2704 Adobe Systems Software Ireland Limited: 4-6 Riverwalk, City West Business Campus, Saggart, Dublin 24 Adobe_General_Terms_of_Use-en_US-20170331_2200 Adobe Privacy Policy The Adobe Privacy Policy describes the privacy practices of Adobe’s apps and websites. If you are a resident of North America, your relationship is with Adobe Systems Incorporated, a United States company, and the laws of California and the laws of the United States apply. If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited, which is the controller with regard to your personal information collected by Adobe, and the laws of Ireland apply. Please note that in order to use our apps and websites, you authorize Adobe to transfer your personal information across national borders and to other countries where Adobe and its partners operate, including the United States. The privacy protections and rights of authorities to access your information in these countries may not be equivalent to those in your country. We will only transfer your personal information to these countries where permitted to do so by law and we will take steps intended to ensure that your personal information continues to receive appropriate protections. For more information, please see the section “Does Adobe transfer my personal information across national borders?” What does this privacy policy cover? What information does Adobe collect about me? How does Adobe use the information it collects about me? What are cookies and how does Adobe use them? Does Adobe share my personal information? Is my personal information displayed anywhere within Adobe's apps or websites? Is my personal information secure? Where does Adobe store my personal information? Does Adobe transfer my personal information across national borders? How can I review or update my personal information or close my Adobe ID account? Will Adobe market to me? What information is collected by companies using Adobe Marketing Cloud solutions? Will this privacy policy change? Who can I contact with questions or concerns? What does this privacy policy cover? This privacy policy describes the privacy practices of Adobe’s websites, as well as our desktop apps and mobile apps that include a link to this policy (in this policy, we refer to our desktop apps and mobile apps together as "apps"). Note that “websites” include web-based services such as Behance, as well as the web-based aspects of the Creative Cloud, Document Cloud, and other Adobe offerings. This privacy policy also applies to Adobe’s marketing and advertising practices. Additional privacy-related information is provided for certain Adobe apps and websites. Please also see the Adobe Terms of Use and any additional Terms of Use or Product License Agreements that may apply to the app or website you are using. Companies acquired by Adobe may operate under their own privacy policies (learn more). What information does Adobe collect about me? Adobe ID, registration, and customer support When you register to use an Adobe app or website, create an Adobe ID, or contact us for support or other offerings, Adobe collects information that identifies you. This includes information such as your name, company name, email address, or payment information. We may also sometimes collect other information that does not identify you, such as which types of apps you’re interested in. Some of this information is required and other information is optional. For student and teacher editions of our apps, information regarding your eligibility is required. To help keep our databases current and to provide you the most relevant content and experiences, we may combine information provided by you with information from other sources, in accordance with applicable law. For example, from these sources, we may learn about the size, industry, and other information about the company you work for. Adobe apps and websites We collect information about how you use our apps and websites, including when you use a desktop app feature that takes you online (such as a photo syncing feature). We may collect information sent by your browser or device to our servers whenever you visit an Adobe website or use an Adobe app. For example, your browser or device may tell us your IP address (which may tell us generally where you are located) and the type of browser and device you used. When you visit an Adobe website, your browser may also tell us information such as the page that led you to our website and, if applicable, the search terms you typed into a search engine that led you to our website. Adobe may collect information about how you use our websites and apps by using cookies and similar technologies, and our servers may collect similar information when you are logged in to the app or website. Depending on the app or website, this information may be anonymous (for example, see the Adobe Product Improvement Program) or it may be associated with you (for example, see the Desktop Usage Tracking FAQ). Learn more about: Information that specific Adobe apps or websites may collect Your privacy choices regarding how we use this information How Adobe uses cookies and similar technologies Also, we use automated systems to analyze your content using techniques such as machine learning in order to improve our apps and websites. This analysis may occur as the content is sent or received using an online feature of an Adobe app or website, or when the content is stored on Adobe servers. (Learn more or opt out) Adobe app activation and automatic updates When you activate your Adobe app or when you install updates to the app, we collect certain information about your device (including your IP address), the Adobe app, and your product serial number (learn more). Some of our apps include features that connect to our servers and offer you the ability to install updates to the app. We may keep track of information such as whether the update was successful or not. We may use the information collected through activation or app updates to validate your copy of the app and confirm that it is genuine and properly licensed. Adobe emails Emails we send you may include a technology (called a web beacon) that tells Adobe whether you have received or opened the email, or clicked a link in the email. If you do not want us to collect this information from Adobe marketing emails, you can opt out of receiving Adobe marketing emails. Adobe online advertising Adobe advertises online in a variety of ways, including displaying Adobe ads to you on other companies' websites and apps. We collect information such as which ads are displayed, which ads are clicked on, and on where the ad was displayed. Learn more about Adobe’s advertising practices. Buttons, tools, and content from other companies Adobe apps and websites may include buttons, tools, or content that link to other companies’ services (for example, a Facebook "Like" button). We may collect information about your use of these features. In addition, when you see or interact with these buttons, tools, or content, or view an Adobe web page or app containing them, some information from your browser may automatically be sent to the other company. Please read that company’s privacy policy for more information. Adobe social networking pages and social sign-on services Adobe has its own pages on many social networking sites (for example, the Adobe® Photoshop® team’s Facebook page). You may also be able to sign in to an Adobe app or website using a social networking account, such as a Facebook account. We may collect information when you interact with our social networking pages or use these sign-on features. Learn more about Adobe’s social networking practices. How does Adobe use the information it collects about me? Adobe uses the information we collect about you in a number of ways, such as: Providing you with the Adobe apps and websites for which you have registered, as well as any services, support, or information you have requested Better understanding how our websites and apps are being used so we can improve them and engage and retain users Using automated systems to analyze your content using techniques such as machine learning in order to improve our services. This analysis may occur as the content is sent, received, or when it is stored. (Learn more or opt out) Diagnosing problems in our apps and websites Tailoring a website, app, or Adobe ad to your likely interests Sending you business messages such as those related to payments or expiration of your subscription Sending you information about Adobe, new app releases, special offers, and similar information (learn more) Conducting market research about our customers, their interests, and the effectiveness of our marketing campaigns Reducing fraud, software piracy, and protecting you as well as Adobe As further described for a specific Adobe app or website Learn about your privacy choices regarding how we use your information. What are cookies and how does Adobe use them? As with most websites, Adobe uses cookies and similar technologies to make our websites work as well as to learn more about our users and their likely interests (learn more). Adobe websites may also use cookies and similar technologies from other companies that allow us to gather additional information to measure and improve the effectiveness of the Adobe Marketing Cloud advertising services. Does Adobe share my personal information? Adobe works with companies that help us run our business. These companies provide services such as delivering customer support, processing credit card payments, and sending emails on our behalf. In some cases, these companies have access to some of your personal information in order to provide services to you on our behalf. They are not permitted to use your information for their own purposes. Adobe may also share your personal information: When you agreed to the sharing Within the Adobe family of companies for purposes described in this privacy policy (see a list of Adobe entities and our acquired companies) With our resellers and other sales partners if you are a business customer and agreed to receive Adobe marketing communications. Note that we do not share personal information about consumers with third parties for their own marketing purposes unless the consumer agreed to that sharing. When we are required to provide information in response to a subpoena, court order, or other applicable law or legal process (learn more) When we have a good faith belief that the disclosure is necessary to prevent or respond to fraud, defend our apps or websites against attacks, or protect the property and safety of Adobe, our customers and users, or the public If we merge with or are acquired by another company, sell an Adobe website, app, or business unit, or if all or a substantial portion of our assets are acquired by another company. In those cases your information will likely be one of the assets that is transferred We may share or publish aggregate information that doesn’t specifically identify you, such as statistical information about visitors to our websites or statistical information about how customers use the Adobe Marketing Cloud. Is my personal information displayed anywhere on Adobe’s websites or applications? There are several places within Adobe’s websites and apps that allow you to post comments, upload pictures, or submit content for others to see. Sometimes you can limit who can see what you share, but there are some places where what you share can be seen by the general public or other users of the app or website. Please be careful when you share your personal information. Do not share anything you wouldn’t want publicly known unless you are sure you are posting it within an app or website that allows you to control who sees what you post. Please note that when you post messages on certain user forums on our websites and app, your email address or name may be included and displayed with your message. To remove content you have shared on our websites and apps, please use the same app or website feature you used to share the content. If another user invites you to participate in shared viewing, editing, or commenting of content, you may be able to delete your contributions, but usually the user who invited you has full control. If you have questions or concerns about this, please contact us. Is my personal information secure? We understand that the security of your personal information is important. We provide reasonable administrative, technical, and physical security controls to protect your personal information. However, despite our efforts, no security controls are 100% effective and Adobe cannot ensure or warrant the security of your personal information. Where does Adobe store my personal information? Your personal information and files are stored on Adobe’s servers and the servers of companies we hire to provide services to us. Your personal information may be transferred across national borders because we have servers located worldwide and the companies we hire to help us run our business are located in different countries around the world. Does Adobe transfer my personal information across national borders? We may transfer your personal information across national borders to other countries in compliance with applicable laws. As mentioned above, if you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited (Adobe Ireland). For these individuals, when we transfer your personal information from the European Economic Area (EEA) to a non-EEA country, we do so using a variety of legal mechanisms including Standard Contractual Clauses, while also relying on your consent. If the content or data that you store on Adobe apps or websites contains the personal information of individuals from the EEA , you agree that you have the legal authority to transfer the personal information to Adobe, including the transfer to countries such as the United States where the privacy protections and rights of authorities to access personal data may not be equivalent to those in the EEA. The U.S. Department of Commerce continues to administer the U.S.-EU Safe Harbor program despite a European Court of Justice decision that invalidated Safe Harbor in October 2015. Adobe Systems Incorporated (our U.S. company) is retaining its Safe Harbor certification pending U.S. and EU government action on a replacement program. The information above applies to Adobe users that have agreed to the Adobe Privacy Policy. More information is available for our business customers that want to learn more about European data transfers. How can I review or update my personal information or close my Adobe ID account? Under the law of some countries, you may have the right to access the information Adobe holds about you, correct mistakes in that information, and to delete personal information that we no longer have business reasons for retaining. Many of our websites and apps allow you to edit your personal information by accessing the "my account," "my profile," or a similar feature of the app or website you are using. Likewise, you can delete files or photos you have stored in our websites and apps by logging in and using the deletion functions they make available. To request that we remove your email address from our marketing database, deactivate your Adobe ID account, or provide you a copy of your personal information, please email your request to privacy@adobe.com. Please note that we need to retain certain information about you for legal and internal business reasons, such as fraud prevention. We will retain your personal information for as long as necessary to provide you with the websites and apps you are eligible to use with your Adobe ID and as needed to comply with our legal obligations and enforce our agreements. Will Adobe market to me? The Adobe family of companies (see list of Adobe entities and our acquired companies) and companies we hire to help us market our websites and apps on our behalf may use your information to provide you with information and offers related to Adobe. We give you choices regarding our marketing practices. What information is collected by companies using Adobe Marketing Cloud solutions? Adobe Marketing Cloud solutions help our business customers personalize and improve the performance of their websites, apps, and marketing messages. For example, these customers may use Adobe Marketing Cloud solutions to collect and analyze information about how you use their websites (learn more). The data collected is stored on our computers for use by these business customers. Will this privacy policy change? Occasionally, we may change this privacy policy (or other documents in the Adobe Privacy Center) to allow Adobe to use or share your personal information in a different way. If we do, the links to the policy on our websites (which are generally found in the footer of the website) will indicate that the policy has been changed. For new users, the change will become effective upon posting. For existing users, if the change is significant, it will become effective 30 days after posting. We encourage you to periodically review the Adobe Privacy Center for the latest information on our privacy practices. Who can I contact with questions or concerns? If you have a privacy question or concern, please email us at privacy@adobe.com. STICKY TICKETS TERMS AND CONDITIONS OF USE, SALE AND PURCHASE By accessing www.stickytickets.com.au ("site"), listing goods and services for sale or purchasing the goods and services offered by Sticky Tickets Pty Ltd ("Sticky Tickets") on behalf of Sellers, Sellers and Users agree to be bound by the following terms and conditions ("Agreement"): VARIATION, TERMINATION AND INCLUSION By using the site, Sellers and Users confirm that they have the full power and authority to enter into and perform in accordance with the terms of this Agreement. Sellers and Users also agree that this Agreement is legal, valid and binding, and that its terms and conditions can be enforced. Sellers and Users understand that any breach of this Agreement may lead to termination of the Agreement and further action, including legal proceedings. Sticky Tickets may change the terms in this Agreement as deemed necessary by Sticky Tickets. When the terms are changed, Sticky Tickets will post notice on the front page of the site regarding the change. Sellers and Users agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Sticky Tickets and discontinue your use of the site. If you use the website after Sticky Tickets has posted a change to these terms on the website, you are agreeing to be bound by all of the changes. This Agreement must be read in conjunction with the Live Performance Australia Code of Practice and is taken to include its terms to the extent that those terms are not inconsistent with the terms of this Agreement. SALE All tickets are sold by Sticky Tickets as agent for the Seller responsible for the event. Any claims by Users arising from a purchase of tickets are solely against the Seller. All tickets are sold subject to the terms and conditions imposed by the Seller. Users must rely on their own enquiries to ascertain those terms and conditions, if any, before purchase. Seller’s terms and conditions may include terms regarding admission, smoking, children, alcohol, dress standards and other issues. Sticky Tickets accepts no liability to Sellers or Users for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from you access to, use of, inability to access or reliance on the site or its content. While Sticky Tickets attempts to ensure the accuracy of information provided on the site, Sticky Tickets does not guarantee the accuracy of information, the suitability of products, or anything else. The Sticky Tickets website, and all other goods and services produced or supplied by Sticky Tickets come “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Users must rely on their own enquiries as to the accuracy of information provided on the site, including but not limited to venue, performing artists, program, seating arrangements and audience capacity. Adequate time must be allowed for delivery of tickets. If collection of tickets is proposed, it is the User’s responsibility to arrange collection prior to the event. Sticky Tickets makes no warranty or representations regarding any company, individual, website or organisation mentioned on the site, any links from the website, or the seller of goods or services offered through the site. LEGAL FORUM AND CHOICE OF LAW By doing business with Sticky Tickets (accessing the site or purchasing the Products & Services offered by Sticky Tickets) Users and Sellers agree that: they have entered a contract in Sydney, New South Wales, Australia; and that this contract shall be governed by the law of New South Wales; and that the appropriate legal forum for any action arising out of this Agreement shall be a Court sitting in Sydney, New South Wales Australia for any action in which the jurisdiction by virtue of the action is the Local Court or District Court of New South Wales. In addition to complying with all restrictions on conduct and content, Sellers and Users are responsible for adhering to all local and national laws that pertain to their location, wherever they are. COPYRIGHT AND TRADEMARK INFRINGMENT Sticky Tickets owns all content on this website. Any use of any portion of the website will be an infringement of Sticky Tickets copyright and trademarks. All Sellers and Users agree that they will be liable for any unauthorised use of Sticky Tickets copyrights and trademarks. Sellers uploading content to Sticky Tickets retain copyright in the content. Sellers grant Sticky Tickets the right to publish that content on the site. PRIVACY POLICY Please refer to the Sticky Tickets’ Privacy Policy (available on the site) for details on Users and Sellers personally identifiable information. REFUND AND RESALE POLICY Sticky Tickets maintains a strict no refunds policy except as set out in the LPA Code of Practice. Sticky Tickets will, in event of a refund, retain any fee charged to the extent permitted by law. Sticky Tickets reserves the right to charge a fee for replacement of tickets, or alternatively decline to provide replacement tickets. Tickets that are resold or assigned may not be honoured. Tickets that are resold for a premium, or used for advertising, promotion or any commercial purpose without the written consent of Sticky Tickets and the seller will be cancelled without refund, and the bearer refused admission. PAYMENT Payment for goods and services purchased from Sticky Tickets is by way an internet secure payment system sourced from a third party. Please refer to terms and conditions of the third party for particulars regarding the transaction. All prices are inclusive of GST unless otherwise stated. A Tax invoice for purchases will be automatically provided. MISCELLANEOUS Each party to this Agreement shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers, except for obligations to make payments hereunder. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, labour disturbance or shortage, failure or delay in transportation, act of any government affecting the terms of this Agreement, accident, fire, explosion, flood, severe weather or other act of God. This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever. The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right. Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect. Sticky Tickets may at its discretion suspend or terminate operation of the site for maintenance or other reasons. In addition, technical and other issues may make the Sticky Tickets site unavailable from time to time. Sticky Tickets makes no commitment, warranty or guarantee that the site will operate in a timely, uninterrupted or error-free manner, or that the site will meet Sellers’s or User’s purposes. Sticky Tickets may also in its discretion modify the features, availability, operation and/or look and feel of the site from time to time without notice to our users. All provisions of this Agreement relating to payment, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination. If any part of this Agreement is unenforceable, the unenforceable part shall be severed to the extent that it is unenforceable, and the remainder enforced to its full effect. If you have any queries contact Sticky Tickets at legal@stickytickets.com.au, or by addressing a letter to Sticky Tickets, 119 Willoughby Road, Crows Nest, NSW, Australia, 2065. Queensland Government Privacy Policy Privacy The Queensland Government manages personal information in line with the Information Privacy Act 2009 (PDF, 836KB). We collect and manage your personal information as described on this page, unless stated otherwise. 'Personal information' may include your name, address, phone number, email address, age, gender, your employer, and your position title. Information we may request We may ask you to provide personal information if you submit feedback to this site. We will only do this: to meet your needs (e.g. answer a question) to meet our needs (e.g. demographic analysis) if required by law. Use and disclosure of personal information We will not add you to a mailing list, or give your personal information to third parties without your consent, unless required by law. Emails Our privacy principles apply to emails as well. Our internet service provider or information technology staff may monitor email traffic for system trouble shooting and maintenance purposes only Cookies We use cookies to collect anonymous statistical information, including: your browser, computer platform and screen resolution your traffic patterns through our site, such as: the date and time of your visit the pages and documents accessed the website you visited before ours your server address. We do not identify users or any browser activity outside this website, except in the unlikely event of an investigation, where a law enforcement agency may have a warrant to inspect activity logs. Transactional services available from this site may use cookies to track business processes. Please read the particular service's privacy and security statement before beginning a transaction. Security Parts of this site transmit information securely across the internet. However this is not always feasible. We recognise that there may be risks transmitting information across the internet. We will notify you where personal information is not transmitted securely. Where this site contains links to other Queensland Government agencies’ websites, the privacy or security terms set out there will apply to the material on the websites. Where this site contains links to non-Queensland Government websites, the Queensland Government is not responsible for the privacy or security practices or the content of any such websites. More information Email us if you would like to know more about information privacy. Specsavers Privacy Policy ANZ We respect your personal information and your privacy is important to us. Specsavers is committed to maintaining the highest standards to protect your personal information. In order to provide you with the best service we may ask you to provide us with personal information from time to time. This Privacy Policy explains how we collect, use, store, disclose and protect your personal information in Australia and New Zealand. In this Privacy Policy, all references to “Specsavers”, “we”, “our” and “us” means Specsavers Pty Ltd (ACN 097 147 932) and Specsavers New Zealand Limited (CN 2116682) and their subsidiaries, their holding companies or subsidiaries of such holding companies. All information which is held by Specsavers is governed by the latest version of this Privacy Policy at all times. Specsavers may change this Privacy Policy at any time without notice. We encourage you to check our Privacy Policy regularly so that you are aware of any changes. This Privacy Policy also applies to all employees and contractors of Specsavers in relation to the collection, storage, use and disclosure of personal information in the workplace. Operation of our Policy You will be made aware when any personal information is required that may allow Specsavers to identify or contact you. Personal information will usually be requested when you register for a particular service or competition. By consenting, either expressly or impliedly, to Specsavers processing your personal information, you will be deemed to have read and accepted the terms of this Privacy Policy. Specsavers will not process your personal information, unless it has your actual or deemed consent. Your personal information will only be used in accordance with this Privacy Policy. You are free at any time to opt out of receiving information from Specsavers at the end of each communication. We comply with the law Specsavers is bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in Australia. Specsavers is also bound by the Privacy Act 1993 and the Health Information Privacy Code 1994 in New Zealand. This Privacy Policy sets out Specsavers’ practices in relation to the collection, use, disclosure and handling of personal information in both Australia and New Zealand. In Australia the APP’s do not apply to employee records. What person information does Specsavers hold? The personal information that Specsavers may collect and hold includes (but is not limited to): full name contact details (mailing address, street address, email address, phone number and/or facsimile number) date of birth your lifestyle, occupation and hobbies health fund details your employer details of the services or products you have purchased or enquired about (including any additional information necessary to deliver the product or provide you with the service and respond to your enquiries, including but not limited to your prescription details and medical history). For Specsavers employees, personal information is collected for employment purposes at the time of appointment and during employment, including CVs, payroll information, performance agreements, and records of any disciplinary process. For certain services, Specsavers is required to collect your name, address and date of birth as part of our legal and regulatory obligations, including under the Health Practitioner Regulation Nation Law as enacted in each state and territory of Australia. Some personal information we collect is “sensitive information”. Sensitive information includes health information. Sensitive information will be used and disclosed only for the purpose for which it was provided, or a directly related secondary purpose, unless you agree otherwise, or where certain other limited circumstances apply (for example, where required by law). How does Specsavers collect personal information? Specsavers will collect personal information directly from you unless it is not reasonably practicable to do so. We will only ask you to provide information that is relevant to the service or product that you have requested or to enable us to respond to your enquiry. We may collect personal information from you in various ways including: when you visit a Specsavers Store for an eye test or to purchase products including sunglasses, frames, lenses or contact lenses) and other associated products and services; when you attend a vision screening organised by Specsavers at a public or industry event or a vision screening organised by your employer; when you visit a Specsavers store or our website or indirectly through the use of our website or online presences, through our representatives or otherwise; when you book an eye test or make an enquiry over the phone, through our website or other electronic means; when you enter our competitions and trade promotions; when you register on our website; when you apply for a job with us, our suppliers or contractors; when you provide customer feedback surveys, lodge a complaint and communicate with our Central Support Team; when authorised people provide us with your personal information on your behalf Your personal information may also be collected on occasions through third parties including: from employment recruitment agencies; from health funds or Government agency (in order to receive advice about your eligibility to rebates on Specsavers’ eyecare services and eyewear products); from third party optometry practices which have been converted to Specsavers Stores; from other optometrists and health practitioners (with your consent); Information collected from visitors to our website (including via mobile access) When you use our website, Specsavers may collect information about our website users collectively, which may include data about your location (i.e. city and country), internet browser type, language, operating system, service provider, screen resolution and whether you are visiting for the first time or revisiting our website. This data is anonymously collected and only used in aggregate, and as such no identifying information is collected. Specsavers uses this information to help improve our website and its usability and to help us determine what is most beneficial to our users so that we can provide you with the best possible experience. Our use of cookies In order to measure the success of our on-line advertising we use pixels, or transparent GIF files, to establish which of our online adverts successfully bring people to our website. The GIF files are provided by third parties who provide us with online advertising analysis. This system places a cookie on your browser when you enter our website via online advertisements allowing us to see which online advertisements bring us the most visitors to our website. The information collected on our behalf is anonymous and does not personally identify you. The information does not contain your name, address, telephone number or your e-mail address. Most web browsers automatically accept cookies but you can change your browser to reject them. Even without a cookie you can still use our website. If you would like to know how to opt-out of the technologies mentioned above please go to www.doubleclick.net/us/corporate/privacy. How might Specsavers use the personal information they collect? Specsavers may use the personal information collected from you for a number of purposes connected with our business including: providing products and services you have requested; responding to your requests or enquiries and other customer care related activities; evaluating, developing and enhancing our websites and our services; conducting website and system administration, such as for the technical support of our websites and computer systems; undertaking direct marketing such as providing information to you about special offers, promotions, products or services that we think may be of interest to you or conducting market research surveys including by mail, email, SMS or other forms of communication. When we send you direct marketing materials about our products and services, you will be able to unsubscribe from them; advising you of an upcoming eye examination appointment; advising you of the requirement for a future eye examination; carrying out any activity in connection with a legal or regulatory requirement or in connection with legal proceedings; carrying out activities connected with the running of our business and in connection with the transfer of any part of our business in respect of which you are a customer or potential customer; for general administrative and business purposes; If you choose not to provide us with the information we ask for, we may not be able to perform these functions or to provide the requested goods or services.. From time to time we may use the information you give us for marketing purposes (for example to develop or promote complimentary products or services for visitors to our website). We are continually developing products and services based on information and feedback we receive from visitors to our website and we may share these with you. Other than as required by law, or as set out in this Privacy Policy, we will not disclose information about you to any third party without your permission. Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy. Anonymity/Pseudonym Where possible, Specsavers will give you the option of not identifying yourself or of using a pseudonym. Specsavers may not always be able to interact with you in this manner, especially where it is required by law to identify you before providing certain information. In general Specsavers will not be able to assist you anonymously or where you are using a pseudonym when: it is impractical or where we are required or authorised by law or a court/tribunal order to deal with you personally How might Specsavers disclose personal information? There may be times when we need to disclose your personal information to third parties (some of which may be based outside of New Zealand or Australia). Specsavers shall take such steps as are reasonable in the circumstances to ensure the information is de-identified prior to disclosure. Specsavers will only disclose your information to: persons to whom we may be required to pass your information by law including regulatory bodies; persons assisting Specsavers to protect and defend the rights of Specsavers, the interests and personal safety of users of specsavers.com.au and specsavers.co.nz, customers of Specsavers or members of the public; anyone who assists us to process your information including our group companies in Guernsey, the Republic of Ireland or the United Kingdom. There are also Privacy (Data Protection) laws in force in these jurisdictions (not the same as in Australia or New Zealand but in our opinion substantially similar) which protect your personal information. We value your personal information and work closely with our overseas offices to safeguard the privacy of any shared information; service providers such as organisations who provide data processing, customer satisfaction surveys, printing and fulfilment operations who may be located in the United Kingdom, Republic of Ireland, Guernsey, Norway, the United States and/or India,; entities for whom we are acting as an agent, partner and our affiliated group companies British Isles, Republic of Ireland and Guernsey; anyone authorised by the individual to whom the personal information relates to; and to another company, in the event that Specsavers or a related asset or line of business is acquired by or transferred to that other company; our group companies including those outside of Australia and New Zealand for processing. Such companies may be located in British Isles, Republic of Ireland and Guernsey; and companies who are franchisees of Specsavers but are not subsidiaries or group companies of the Specsavers group. The countries to which we may transfer your information include the British Isles, Republic of Ireland, Guernsey, Norway, the United States and/or India, for processing. If you are accessing our website from a country outside of Australia or New Zealand your information may be transferred outside of Australia or New Zealand to that country. If we transfer your information outside of Australia or New Zealand in this way, we will take reasonable steps to ensure that your privacy continues to be protected in a manner which is consistent with the laws of Australia and New Zealand. Youroptometrist from your local Specsavers store, with your consent, may refer you to an eye doctor or specialist and forward relevant information to that medical practitioner about your particular condition (this may include your health information). Except as set out in this Privacy Policy, Specsavers will only disclose personal information with your permission or as required or allowed to do so by law. Management and security of personal information Specsavers has security safeguards and procedures in place to ensure that the personal information we collect is stored in a secure environment protected from unauthorised access, modification or disclosure. Although we take reasonable steps to maintain the security of our internet connections, for reasons outside of our control, information transmitted to us over the internet may not be absolutely secure. Specsavers assumes no responsibility for disclosure of data due to errors in transmission. Whilst we will use our all reasonable endeavours to safeguard your person information we cannot guarantee that your personal information will be protected against unauthorised access, misuse or disclosure. We do not accept any liability for the improper actions of unauthorised third parties. Specsavers also assumes no responsibility or liability for third parties such as advertisers or other entities who utilise banner ads and links from our website. If you click through a banner ad or link and submit your information to an advertiser, you will be subject to the privacy policies of that party. Specsavers ensures that all employees and contractors are bound by a confidentiality agreement requiring that they do not use or disclose your personal information in a manner contrary to this Privacy Policy. We retain your personal information in line with relevant legislation and for as long as the information is relevant to our business purposes as set out above or until you request that we remove the information by contacting your local Specsavers store or our Privacy Officer. Specsavers has procedures in place to ensure that any document or record containing your personal or health information is disposed of in a manner that preserves your privacy. Disclaimer We take precautions to protect your personal information collected through specsavers.com.au and specsavers.co.nz but in the event that our system is infiltrated by unauthorised third parties we will not be liable for any resulting misuse of the personal information. Updating your personal information Specsavers endeavours to ensure that the personal information it holds about individuals is accurate, complete up-to-date and not misleading. Please contact your local Specsavers store or our Privacy Officer if the information we hold about you requires changing, or is out of date. If it is reasonable in the circumstances for us to do so, we will make the requested change or correction, otherwise we will take reasonable steps to record the substance of your change or correction request. Accessing personal information You will be able to access personal information that Specsavers holds about you if it can be readily retrieved, subject to some exceptions allowed by law. To request access to your personal information please contact your local Specsavers store or our Privacy Officer in writing. To the extent permitted by law Specsavers may charge a reasonable administrative fee associated with providing a copy of your personal information to you. How to contact the Privacy Officer If you would like to make an enquiry about this Privacy Policy or would like to make a request to access and update your personal information, or you believe that Specsavers has not adhered to this Privacy Policy at any time, please contact your local store or our Privacy Officer in writing and we shall use reasonable endeavours to correct any problem. In Australia Privacy Officer Specsavers Pty Ltd 520 Graham Street Port Melbourne, Victoria 3207, Australia Tel: +61 (03) 8645 0700 Fax: +61 (03) 9646 6050 Email: au.privacymatters@specsavers.com In New Zealand Privacy Officer Specsavers New Zealand Ltd 26A Triton Drive, Mairangi Bay, Auckland, New Zealand Tel: +64 9 475 5434 Fax: 64 9 475 5435 Email: nz.privacymatters@specsavers.com How to Complain If you feel we have failed to deal with your complaint in a satisfactory way you can make a complaint about the handling by Specsavers of your personal information to the Office of the Australian Information Commissioner (Australia) () or the Office of the Privacy Commissioner (New Zealand) (www.privacy.org.nz) For more information about privacy in general please contact the following: In Australia Office of the Australian Information Commissioner (OAIC) www.oaic.gov.au. In New Zealand Office of the Privacy Commissioner www.privacy.org.nz Last updated 8 July 2015 © Copyright Specsavers Optical Group Limited 2013. All rights reserved. RED 25 TERMS AND CONDITIONS By submitting this form, I authorise the Australian Red Cross Blood Service to display the nominated organisation name and any associated information regarding blood donations. I agree that the Blood Service may contact me regarding Red25. All information collected will only be used by the Australian Red Cross Blood Service. Providing your contact details allows us to communicate with you about the Blood Service. The Blood Service is bound by the Privacy Act 1988 CTH. The Blood Service respects and protects the privacy of its donors’ personal information by complying with the National Privacy Principles. Read the Blood Service Privacy Policy Blood Service Privacy Policy The Australian Red Cross Blood Service (Blood Service) is bound by the Privacy Act 1988 as well as other laws that impose obligations regarding personal and health information. The Blood Service is committed to protecting the privacy of personal and health information. This Privacy Policy details how your personal information is collected, used, stored and disclosed by the Blood Service and how you may contact us if you would like to access or correct your personal information. Why we collect information Personal information is collected and used by the Blood Service for the following purposes: to assess the eligibility of individuals to donate blood and to protect both donor health and safety and the safety and sufficiency of blood and blood products; to maintain contact with donors regarding past donations and for the purposes of future donations; for research, including research regarding and research for the purposes of therapeutic benefit blood transfusion and blood safety; to maintain contact with donors for the purposes of research, including market research, regarding blood donation and collection and participation in Blood Service activities; and to improve our processes. What information we collect and hold For the safety of both donors and the blood supply, the Blood Service needs to collect information about health, medical history, travel and certain high risk behaviours. The Blood Service will collect and hold the personal information supplied by you when you register or attend as a donor including in the donor interview, test results for each donation, details of any adverse events and any communication or correspondence with you. We will only collect your personal information from someone else if we have your consent, or if it is authorised or required by law, or if it is unreasonable or impracticable for us to collect that information from you. Disclosure of your information The Blood Service will only use or disclose your personal information for the primary purposes for which it was collected (as set out above) or for directly related secondary purposes which you would reasonably expect (or that we have told you) or as permitted or required by law. From time to time we may use or disclose aspects of your personal information for administrative processes such as risk management, education and training of staff, quality assurance activities and to monitor donor satisfaction. As a result, we, or someone we authorise, may contact you in the future to request your feedback about the Blood Service. If we provide your details to a third party acting on behalf of the Blood Service for these purposes, the third party will be subject to a confidentiality agreement and must only use your personal information for the purposes for which it was provided. In some instances it may be necessary for the Blood Service to release personal information relating to your donation to insurers and/or regulatory auditors. The insurers and auditors will be required to hold this information in confidence. The Blood Service will not sell your personal information. Access to information Individuals have a right to request access to their personal information and to request its correction. Should you wish to request any of the personal information we hold about you, please make a request to the Privacy Officer in your State or Territory using the form below. Proof of identity will be required to ensure information is only disclosed to the relevant person. Some information may not be immediately available but we will attempt to deal with requests promptly. Privacy request form If you believe any personal information we are holding is incorrect or incomplete please let us know by writing to the Privacy Officer in your State or Territory. Collection, use and disclosure of personal information through the Blood Service’s website You can access most parts of the Blood Service website and browse anonymously without providing your personal information or without being identified. However, some of the functions of the website may require you to provide certain personal information. When you email the Blood Service with a query, the Blood Service will collect the personal information you provide. Subject to any exceptions within the privacy legislation, the Blood Service will not use or disclose this information for any purpose other than to progress and respond to your query. Anonymity You can contact the Blood Service anonymously online or by calling 1300 606 833. Storage and Retention All information collected by the Blood Service is stored securely. All electronic records are stored in Australian Data Centres. Where information is stored by a third party, the Blood Service requires them to comply with the Privacy Act and our Privacy Policy. This compliance will be monitored by the Blood Service. The Blood Service is a national organisation and as such all donor information will be accessible to all our Donor Centres and Processing Centres in Australia, but only to those staff members whose job responsibilities require such access. Under Health Records and Therapeutic Goods Legislation in various States and Territories, we maintain blood donor records for as long as reasonably required for the purposes of the safety of donors and recipients. Making a complaint If you believe that your privacy has been infringed, please contact the Blood Service Privacy Officer in your State or Territory. If you are not satisfied with our response you can refer your complaint to the Australian Information Commissioner. Overseas Recipients The Blood Service will not disclose information to an overseas entity except in circumstances where it is a permitted Health Situation or is otherwise permitted under the Privacy Act 1988. Review This policy will be reviewed by the Blood Service every 2 years or more frequently if required by the Privacy Act or other relevant legislation. SofTest 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. Terms of Use Adblock Plus We, eyeo GmbH, Lichtstrasse 25, 50825 Cologne, Gemany ("eyeo"; "we"), have developed the browser extension Adblock Plus ("ABP") which can be downloaded via at our website and other domains. ABP is a free extension that allows you to – among other things – customize your web experience. You can block annoying ads, disable tracking, block domains known to spread malware and lots more. It's available for all major browsers, including Chrome, Firefox, Internet Explorer, Maxthon, Opera, Safari and Yandex.Browser. ABP uses filters that you choose to block unwanted elements. What does that mean? ABP is provided free of charge to you as a user. However, we've reached a point where further Terms of Use, such as these, are necessary. This protects you and it protects us. These Terms of Use apply to your use of ABP. What do you mean "ABP is free to use?" ABP is an open source project, licensed under GPLv3, and can be used by anyone free of charge. The use of ABP is subject to the restrictions of the GPLv3. Non-permitted use of ABP Please note that some website owners may not permit ad-blocking users to view their website. That must be respected, especially in the following cases: You must not use ABP on websites where you have agreed not to use it, i.e. by agreeing to Terms of Services on the respective website, not to use any ad blockers. You are not permitted to use ABP in connection with any tools to circumvent technological measures that effectively control access to websites. What are Acceptable Ads? By default, nonintrusive ads aren't blocked when using ABP in order to support websites (learn more). You can disable this feature at any time by opting out (guideline how to disable Acceptable Ads). This does not affect ABP's functionalities. Within our Acceptable Ads program the following rules have and always will apply to everyone, without exception: Participants cannot pay to avoid the criteria. Every enabled ad must comply. For transparency, we add all Acceptable Ads to our forum so that our community of users can provide feedback. We listen to our users. If an Acceptable Ads proposal is flagged by our community for a legitimate reason, we will remove it from the whitelist. We are able to keep our open source product free by charging large entities a fee for whitelisting services. For the other roughly 90 percent of our partners, these services are offered free of charge. What if ABP does not work properly? ABP is provided "as is" and on an "as available" basis. Your use of ABP is at your own risk. eyeo makes no warranty or condition that ABP will meet your requirements or be uninterrupted, timely, secure or error-free: eyeo makes no warranty or condition that all ads will be blocked; in particular Acceptable Ads will be shown in ABP's default setting. You acknowledge and understand that the filters used may occasionally lead to blocked content. This is an unwanted side effect of some filters and cannot be completely avoided. ABP itself has no functionality; it does not block anything until you "tell" it what to block by adding external filter lists. Filter lists are essentially an extensive set of rules that tell ABP which elements of a website to block. eyeo has no influence on those filter lists. In the case that you detect any defect or incorrect blocking, including the blocking of content, inform us as soon as possible. Additional information This Terms of Use shall be governed by the laws of the Federal Republic of Germany. If you have no place of jurisdiction in Germany or in any other EU member state, if you have transferred your permanent domicile abroad after these Terms of Use take effect or if your domicile or usual place of residence is unknown at the time legal action is taken, the sole place of jurisdiction for all disputes arising from this agreement will be the location of our registered offices. We reserve the right to amend and adapt these Terms of Use with effect for the future. You can request the currently applicable version of the Terms of Use from our legal department or access them on our website. You will be notified no later than one month before new Terms of Use take effect. If you do not object to the validity of the new Terms of Use within one month after they take effect, you will be deemed to have accepted the new Terms of Use. We will inform you separately in suitable form about the significance of the one month's notice period, your right to object and the legal consequences of non-objection. This amendment mechanism does not apply to amendments to the parties' main contractual obligations. Terms and Conditions The SBS website, including SBS On Demand, and related SBS applications made available on authorized third party platforms and devices (“Services”) are owned and operated by the Special Broadcasting Service Corporation ABN 91 314 398 574 (“SBS”). By using the Services, you agree to comply with the Terms of Service listed on this webpage and elsewhere within the Services (“Terms of Service”). You agree to comply with these Terms of Service when you contribute to SBS managed or branded third party social media platforms (for example, when you post content to an SBS managed Facebook page). When accessing an SBS managed space on a third party platform, you agree to comply with the terms of use specified by that platform, and acknowledge that the platform’s privacy policy applies to your use of such platform. You should check the terms of use and privacy policy of any third party platform prior to use. SBS may amend the Terms of Service from time to time without prior notice. Your continued access/use of the Service after such amendment constitutes acceptance of them by you. These Terms of Service may be supplemented by any specific terms for individual competitions or promotions that you may enter on the Services. 1. Children and young people The Services may contain content which may not be appropriate for children and young persons. The use of the Services by children and young people should be managed by their parents/guardians or an appropriate adult. Information about online safety resources is available from the Office of the Safety Commissioner (www.esafety.gov.au). 2. SBS Account You may be required to create an SBS Account in order to: contribute User Content (see section 6 below); access certain Material on the Services (including content on SBS On Demand and The World Game); and/or access certain online services provided by SBS, now or in the future. To create an SBS Account, you may be required to provide information such as your name, email address, and year of birth (collectively, “User Information”). You agree to provide accurate User Information and to keep such information up-to-date. Any personal information supplied to SBS in the registration process (including your name and email address) will be used and disclosed in accordance with SBS’s Privacy Policy. SBS may use your User Information (such as your name and email address) to let you know about upcoming SBS programs and other things SBS thinks may be of interest to you. If you do not wish to receive email communications from SBS, you can unsubscribe at any time by using the facilities provided (for example, by clicking the unsubscribe link in the footer of the email, or by logging into your account profile on the SBS Website and updating your email preferences in the “Newsletter” section of My SBS) SBS may refuse to accept your registration request and/or terminate your SBS Account at its sole discretion and without notice to you for any reason, including: your User Information is inaccurate; you use, or SBS considers that you are likely to use, your SBS Account to annoy or harass other users of the Services, breach any law or Terms of Service, or otherwise misuse the Services. You are responsible for maintaining the confidentiality of your User Information, and for all use and activity on your SBS Account including by any person who uses your User Information, with or without authorisation. If you believe that your account is no longer secure you must promptly update your User Information in My SBS and notify SBS. To delete your account, please email SBSOnDemandTeam@sbs.com.au or comments@sbs.com.au and request for your account to be deleted. 3. Use of the Services You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You must not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Services. You agree not to alter or tamper with any information or materials on, or associated with, the Services. 4. Intellectual Property All information, video, audio, artwork, graphics, text, copy, data, software, advertisements and other material included in the Services ("Material") is SBS’s or its licensor’s copyright material. All Material is protected in Australia by the Copyright Act 1968 and by applicable legislation in other jurisdictions. All rights not expressly granted by these Terms of Service are reserved. Material may not be reproduced, distributed, downloaded (except for temporary caching purposes for audio or video Material which is streamed), uploaded, modified, copied, adapted or communicated to the public in whole or in part. You may retrieve Material for personal, non-commercial purposes only. You must not: modify any Material without SBS’s written permission; remove any copyright, trade mark or other proprietary notices from the Material; directly or indirectly charge or obtain other consideration for others for accessing, viewing or listening to any Material, or attempt to commercialise or exploit the Material in any way; or engage in any activity which could mislead or deceive a person into believing that the Material is from a source other than the Services, including embedding, deep-linking or framing the Material without SBS’s consent. You may view Material through SBS On Demand in Australia only. SBS uses geoblocking technology to prevent access to such Material outside Australia. You may only view Material in geographic locations where we offer SBS On Demand service and have licensed such Material. You must not use any SBS Trade Mark without the prior written permission of SBS. SBS Trade Marks include the SBS name and logo, the NITV name and logo and any other registered or unregistered trade marks owned by SBS. Educational institutions and/or government may be permitted to copy publications, audio and/or audio-visual files in accordance with the Copyright Act 1968. For more information about educational statutory licences (Parts VA and VB), please contact Copyright Agency Limited (licence@copyright.com.au) or Screenrights (licensing@screenrights.org). 5. Advertisements and links to third party sites The Services may contain links to other third party websites, which are not within SBS’s control and are not endorsed by SBS. SBS makes no representations or warranties about the accuracy, appropriateness or completeness of content of any other website which may be accessed directly or indirectly through the Services. You acknowledge that you access third party websites at your own risk. The Services also contain advertisements which include links or refer you to third party websites. All third party advertisements are paid for by the relevant third party advertisers and are not recommendations or endorsements by SBS of the products and services advertised. Third party advertisements may contain representations or offers by advertisers which you can accept by clicking links to third party websites. Such offers are not made by SBS, and the third party advertiser is solely responsible to you for the content or privacy policy of any linked website, the security of your data or information, and delivery of any goods or services you purchase from that third party website. 6. User Content The Services, and pages managed by SBS on third party social media platforms, may contain opportunities for you to make contributions, including to blogs and forums (“User Content”). While SBS encourages robust debate and discussion, all users should treat each other with tolerance, courtesy and respect. SBS seeks to represent a range of perspectives on issues of public interest on the Services. However, User Content is created by members of the public and reflects their opinions. SBS does not endorse the opinions contained in User Content. By submitting User Content, you: grant to SBS a perpetual, royalty-free, non-exclusive, worldwide licence to use, copy, communicate, redistribute or adapt the User Content (and sublicense to any third party the same rights); confirm and warrant that User Content you post is your own original work and does not breach any law; and confirm and warrant that you have the consent to identify anyone who is identifiable in the User Content (including parental or guardian consent for any person under the age of 18). All User Content is published at SBS’s sole discretion, and SBS has ultimate editorial control over the Services. User Content may be edited, removed or not published for legal, editorial or other reasons including if SBS considers that User Content: is false or misleading breaches any law in any jurisdiction (including defamation, contempt of court, privacy, discrimination, harassment, and racial vilification); encourages, promotes or assists the commission of any illegal act; infringes intellectual property rights of SBS or a third person; is abusive, offensive, threatening, harassing, obscene or deliberately provocative to other users; is inappropriate, off-topic, repetitive, vexatious or in breach of any ‘house rules’ posted on the relevant site; invades the privacy of any person or discloses personal information; contains any links, advertising or marketing material or spam, is a solicitation for donations; or impersonates any person, group or entity. These Terms of Service are in addition to, and must be read in conjunction with the SBS Website User-Generated Content Guidelines. If you breach these Terms of Service, SBS may remove or ban you from the Services, and/or take any steps available to it under the terms or conditions or policies of a third party social media platform. You are legally responsible for the material you submit to the Services or to a social media platform, such as Facebook. SBS reserves the right to cooperate fully with any law enforcement authority in any jurisdiction regarding material which may breach any law, including a request to disclose your identity or other information. 7. Disclaimer The Services are provided on an “as is” and “as available” basis. SBS makes no claims and makes no representations as to the content or suitability of the information on the Services or for any other purpose. SBS does not warrant that the Services will be provided on an uninterrupted basis, that your access to the Services will be error-free or that the Material will be free of any viruses or defects that may damage your computer or device. To the extent permitted by law, all other warranties, whether express or implied, in relation to the Services (including implied warranties as to merchantability and fitness for purpose) are expressly excluded. SBS will not be liable for any losses, claims or damages whatsoever including special, indirect or consequential damages, loss of revenue or loss of data as a result of the use of the Services. 8. Termination or suspension of access to the Services SBS has the right to suspend, and/or terminate your access to any part of the Services, for any reason (including a breach of these Terms of Service), or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that SBS has no liability to you if the Services are discontinued or your ability to access them is terminated. 9. Governing Law These Terms of Service and any issues arising under these Terms of Service will be dealt with under the laws of New South Wales, Australia. Last updated: 22/06/2017 SBS Privacy Statement (Updated 9 March 2016) A PDF version of this policy is available here: PDF (371KB). SBS Privacy Policy SBS is committed to providing a safe and welcoming digital environment, and to be open and transparent about how we collect and use your information when you use our website, apps and other online services or interact with us in other ways. In this Privacy Policy we’ll talk about how SBS manages your personal information (where you disclose identifiable information about yourself), as well as how we manage other information associated with your use of our digital services which we collect but which is effectively anonymous. In particular, we’d like to help you understand important topics like: · What information we collect · How we use that information · How you can control your information · The measures we take to keep your information secure · What to do if you need help or have any questions about your personal data. 1. Information we collect and hold SBS may request, collect and hold the following kinds of information in either electronic or hard copy format. a) Competition and registration information When you sign up for a competition, register as an SBS user on our digital services, or request an email newsletter, we will ask you to provide personal details such as your first name, surname, and email address. To help with prize distribution and entry eligibility as part of a competition, SBS may also request a mailing address, phone number and your date of birth. SBS will also invite you to offer other optional information through your user profile so that we can tailor our services to your specific interests or profile. This includes information such as the types of content you are interested in (for instance, sport, food or movies), and whether you’d like to receive information or offers from our partners. b) Information you post on our digital services When you interact with SBS and the SBS community on our digital services as a registered SBS user or using social media (for example by making a public comment on a particular topic), we may collect the information you choose to post (such as your opinion about a matter you are commenting on, which may include sensitive information you choose to make public). You should be careful about making any sensitive or personal information public. c) Your social media information Some of our digital services are linked to third party social media services like Facebook or Twitter. You can decide to access or log in to an SBS service using your social media profile, or to connect an SBS related service to a third party social media service. If you do this, SBS can collect your social media user information, and any further information you have permitted the social media site to share with SBS. In choosing to access or connect to SBS services via social media, you are authorising SBS to collect, store, use and disclose such information and content in accordance with this Privacy Policy. You should be aware that any posts you make on SBS social media channels including our Facebook, Twitter or Instagram profiles may be publicly available and able to be found via search engines. SBS strongly recommends that you become familiar with the privacy settings and terms of your social media account/s. d) Cookies and other tracking data When you use SBS’s digital services, information about your usage will automatically be gathered by SBS, or third parties contracted by SBS, through tracking devices including the use of cookies, web beacons and web server logs. These tracking devices are not used to record any personally identifiable information such as your name or email address. The information collected is aggregated, and is effectively anonymous to us. This information helps us to: · monitor, analyse and improve our digital services, for example by showing us what visitors do and don’t use, and assisting us in detecting any problems with our services · customise our services based on content accessed, for example by recommending content that matches your interests · serve you more relevant advertising based on your site visits · manage the number of times you are served particular advertisements. SBS contracts with a range of third party providers for these purposes. The type of information gathered typically includes geographic location, date and time of site visits, your server (IP) address. e) By contacting or interacting with SBS for a specific reason such as lodging a complaint or applying for a job SBS may collect and hold personal and sensitive information about you in order to respond to any enquiries, or to carry out our business and operational functions, such as personnel management. The information we collect will depend on the type of information we need to manage these matters. For example personnel records may include personal and sensitive information such as name, address, date of birth, disabilities, place of birth, ancestry, tax file number, and relationship information. Recruitment records may include employment history and experience, referees and other employment related information. SBS studio audience registration records may include sensitive information such as cultural background, political party affiliation and other organisation affiliation information. f) Collecting personal information from children and young people SBS is committed to providing a safe and welcoming digital environment for children and young people. Some of our activities, such as SBS Learn, are directed to children and young people. SBS may collect personal information directly from children and young people for the purpose of these activities. Where SBS considers that capacity to consent to the collection of the personal information is at issue, SBS will notify a parent or guardian of the activity, and seek their consent. If you are a parent or guardian, you should read and explain this Privacy Policy and any applicable house rules with your child if you think they may not understand how it applies. g) Information sourced from other parties In some circumstances, SBS may source information about you which is on the public record, or can be requested from third parties. For example, when you apply for a job or internship at SBS, SBS will seek information from you directly, but may also collect information about you from third parties (including your previous employers and recruitment consultants). 2. How we use your information SBS will use and disclose your personal information for: · the main purpose for which it was collected · appropriate secondary purposes under the terms of the Privacy Act, such as where you have consented to the secondary use or disclosure, or where SBS considers you would reasonably expect SBS to use or disclose the information. Whenever we collect information from you, it’s for purposes related to our core functions and to help us provide you with a better service. This includes: Providing the product or service you have requested – such as sending you an email newsletter, accepting your entry into a competition, or giving you access to an app. Understanding our audience behaviour to improve our services, or your experience of our services – such as website optimisation for a better online experience. Giving you a more personalised experience by providing you with information that is relevant to your unique interests – such as making program recommendations. Helping us sell advertising – so that we can reinvest in the free services provided to you. To enable you to engage with SBS and other SBS users, for example by re-publishing content you provide to us such as competition entries or social media posts together with your name or social media handle or profile name. In providing and managing the services offered by SBS, SBS may need to make your information available to third party service and content providers, including providers of cloud services, website hosts, and other companies. These third parties may be located overseas in countries including the USA, Europe and Singapore. SBS will ensure that any third parties who receive your personal information from SBS follow the same standards and obligations set out in this privacy policy, and only use your information for the specific purpose and service they are providing to you or SBS. SBS contracts with a range of party providers for these purposes. These include Roy Morgan (you may read the Roy Morgan Privacy Policy here). If you would like to learn more about how SBS uses third parties to collect and use information on this website please contact the SBS Privacy Contact Officer (see the contact details section below). Cookies and other tracking data If data about your use of SBS’s digital services is de-identified, aggregated or otherwise made anonymous, SBS may collect, use and share that information for any purpose with third parties provided that in doing so we do not reveal any personal information and the use is related to SBS’s activities. No attempt will be made to identify SBS website users or their browsing activities except where necessary to prevent or lessen a serious and imminent threat to a person’s life or health, or as otherwise permitted or required by law. SBS may combine the anonymous information about you collected from your use of our digital services to build up an idea about the types of products or services and advertising that might interest you. By understanding more about you, we are able to serve you more tailored, relevant advertising and SBS content. When this information is used to target more relevant advertising to you it is known as online behavioural advertising. Revenue generated from personalised advertising is used to improve the free digital services from SBS. You can opt out of these targeted services – see under ‘How you can control your information’. 3. How you can control your information SBS is committed to helping you control the collection and use of your personal information, including marketing communications. You may opt-out from receiving electronic communications from us (including surveys or notifications) by changing your account settings through the appropriate link on the subscription preferences page or following the unsubscribe instructions at the bottom of each email. Please note that if you have an active SBS profile, there are certain service notifications that you may not opt-out of, such as notifications of changes to SBS services or policies. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app. You may choose to opt out of the tracking devices used on SBS’s digital services. If you choose to opt out of these tracking devices you may not be able to access all of the services on the SBS website and your experience will not be fully optimal. To opt out of SBS’s customised services such as content recommendations and targeted advertising, use this link: Cxense opt-out. Information about opt-out options for third party online behavioural advertising is available on the Your Online Choices website – Your Ad Choices: www.youronlinechoices.com.au/opt-out You can find out more about online behavioural advertising here: · Office of the Australian Information Commissioner: Privacy Fact Sheet 4 Online Behavioural Advertising · Your Online Choices: A guide to behavioural advertising. Accessing and correcting your personal information If you subscribe to SBS email newsletters or have created an SBS profile, you can access and correct profile data about yourself at any time by logging into the SBS website. You’re also entitled to access records that contain personal information about yourself by contacting the SBS Privacy Contact Officer (see the contact details section below). You may also seek the correction of any information held by SBS. SBS will take reasonable steps to correct the personal information it holds to ensure that, having regard to the purpose for which it is held, it is accurate, up to date, complete and not misleading. Anonymity and pseudonymity Where possible, you may also interact with SBS anonymously or using a pseudonym should you choose to do so. For example, if you wish to provide feedback without requiring a response from SBS, you will not be required to provide a full name or email address. However, in some cases it will not be practicable to interact with you anonymously or with a pseudonym, or it may be impossible to provide the service you are requesting without some form of personal information. For example, if you wish to subscribe to an SBS email newsletter, an email address must be provided. 4. Security SBS uses a combination of technical, administrative, personnel and physical measures to safeguard personal information in its possession against loss, theft and unauthorised use, disclosure or modification. However, no one can guarantee the complete safety of your information. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting the SBS Privacy Contact Officer (see the contact details below). In some instances, including where you are using third party social media platforms to engage with SBS, these platforms are not under the control of SBS. If security is of concern to you, we encourage you to carefully consider the terms and conditions and security used by any third party platform. 5. Compliance with Australian legislation SBS is a government agency and is subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles in relation to the personal information it collects. The Privacy Act does not apply to any acts done or practices engaged with in relation to SBS's program material. The general purpose of this exemption, and the exemption in the Privacy Act for the acts and practices of private sector media organisations done in the course of journalism, is to allow for the free flow of information to the public. The SBS Codes of Practice set out how SBS manages the privacy of individuals in SBS content. If you feel that SBS content that relates to you has breached the SBS Codes of Practice, you can make a Code complaint. Information on the SBS Codes of Practice and the complaint process is available here. Privacy and third party organisations This Privacy Policy only applies to SBS and its digital services. It does not apply to any other company or organisation, including organisations whose digital services are linked to SBS’s online content or services (such as social media platforms and online retailers). If you are using a third party site to interact with SBS, or you navigate from the SBS website to a separate site to view advertising or to engage with a service, this activity is not covered by SBS’s Privacy Policy. 6. Changes to the SBS Privacy Policy SBS will review and update this Privacy Policy from time to time. Updates will be posted to the SBS Privacy web page. 7. Complaints If you think that an act or practice of SBS has interfered with your privacy you may make a complaint to SBS. You will need to identify yourself and provide your complaint in written form addressed to the SBS Privacy Contact Officer (see the contact details below). The SBS Privacy Contact Officer will investigate your complaint and will endeavour to provide a written response within 30 days of receipt of the complaint setting out SBS's decision. If you are dissatisfied with SBS's response to your complaint you can take your complaint to the Office of the Australian Information Commissioner (see contact details below). The Australian Information Commissioner may then investigate and attempt to conciliate the matter. 8. How to get more information If after reading this policy you have any questions or concerns, please contact the SBS Privacy Contact Officer: Email: privacy@sbs.com.au Telephone: +61 (0)2 9430 3878 Freecall 1800 500 727 TTY via NRS call 1800 555 677 and ask for 1800 500 727 Post: Privacy Contact Officer SBS Corporate Affairs Locked Bag 028 Crows Nest NSW 1585 Web: www.sbs.com.au Office of the Australian Information Commissioner (OAIC) The OAIC can investigate complaints about acts or practices that may interfere with an individual’s privacy. Contact details are set out on the OAIC website (www.oaic.gov.au). Apple Inc. Software License Agreement for iTunes Please read this software license agreement (“License”) carefully before using the Apple software.  By using the Apple software, 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 software. If you do not agree to the terms of the License, you may return the Apple software to the place where you obtained it for a refund. If the Apple software was accessed electronically, click “disagree/decline”. For Apple software included with your purchase of hardware, you must return the entire hardware/software package in order to obtain a refund.  Important Note: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. To the extent that this software may be used for remote access to music files for listening between computers, remote access of copyrighted music is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.  1. General.  A. The Apple and any third party software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you.   B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. C. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs 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. 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. 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 install and use the Apple Software. To the extent that the Apple Software may be used to reproduce materials, 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. You may not make the Apple Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Apple Software 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. B. No Reverse Engineering. 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 Apple Software or any services provided by the Apple 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-Sourced Components that may be included with the Apple Software). C. VoiceOver Kit - Automatic Updates. When you are using VoiceOver Kit, the Apple Software will periodically check with Apple for updates to the pronunciation rules used by VoiceOver to generate the spoken items that you hear when you have VoiceOver selected. If a pronunciation update is available, the update will automatically download onto your computer, and when you have VoiceOver selected, the new version of the spoken items will be generated and synced to your iPod. The older version of the spoken items will no longer be available. These automatic updates will not change the actual media content (e.g., music, video, podcasts) on your iPod or in your iTunes library. D. Open Source. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on a single Apple-labeled computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any maintenance, technical or other support for the resultant modified Apple Software. 3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License.  4. Consent to Use of Data.  A. Diagnostic and Usage Data. If you choose to allow diagnostic and usage collection, you agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software, and to verify compliance with the terms of this License. You may change your preferences for diagnostics & usage collection at any time by going to the Analytics setting on your computer and deselecting the checkbox. The Analytics setting is found in the Security & Privacy pane within System Preferences. Apple may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. B. Library Data. The Apple Software contains features that rely upon information about your iTunes library. If you choose to share information about your iTunes library with Apple, you agree to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, including but not limited to artist, album and song names in your library, to provide and improve such features. You can opt out at any time by going to Preferences for the Apple Software and deselecting the corresponding checkbox under Store Preferences. C. Privacy Policy. 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. iTunes Store and other Services.  A. The Apple Software may enable access to Apple’s iTunes Store, Apple Music 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 the Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms of service and may be subject to additional fees. B. By using this software in connection with an Apple ID, iTunes Store account or iCloud account, you agree to the applicable terms and conditions for that account, such as the latest Apple Media Services Terms and Conditions, which you may access and review at http://www.apple.com/legal/itunes/ww/, or the iCloud Terms and Conditions which can be found at http://www.apple.com/legal/icloud/ww/, respectively. If you do not agree to the applicable terms and conditions for such an account, do not use the Apple Software in connection with that account. C. 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. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Apple does not guarantee their accuracy. D. 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. 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. E. 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, including but not limited to graphics, audio clips, and editorial content, contain proprietary content, 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 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.  F. In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Apple Software 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. 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 without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you must cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination. 7. Disclaimer of Warranties.  A.     If you are a customer who is a consumer (someone who uses the Apple 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. B.     YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. C.     TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE 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 APPLE 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.  D.     APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES. E.     YOU FURTHER ACKNOWLEDGE THAT THE APPLE 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 APPLE 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. F.     NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE 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 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 OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE 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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple 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 Apple 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 Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. 10. Government End Users. The Apple 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. 11. 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.   12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Apple Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use Apple’s online store which will govern your use of such store and any Services you purchase through that store. 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. 13. Third Party Notices.  A. Portions of the Apple Software 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 Apple Software, and your use of such material is governed by their respective terms. B. Use of MPEG-4. This product 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. This product 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. H.264/AVC Notice. To the extent that the Apple 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 THIS PRODUCT 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. 14. Third Party Software and Service Terms and Conditions. Gracenote® End User License Agreement  This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”).  The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application or device.  You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only.  You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.  You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions.  If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights.  Under no circumstances will Gracenote become liable for any payment to you for any information that you provide.  You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.  The Gracenote service uses a unique identifier to track queries for statistical purposes.  The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are.  For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service.  The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers.  Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient.  No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.  EA1510 8/31/2017 QPWS Account Terms and Conditions You and your means the user of the National Parks Booking Service. Our, us and we means the State of Queensland represented by the Department of National Parks,Sport and Racing (the Department). These Account Terms and Conditions apply to your use of the National Parks Booking Service online booking system. You may choose not to use the National Parks Booking Service Account facility if you desire. These Account Terms and Conditions contain important information. It is essential that you carefully read and understand them. These Account Terms and Conditions constitute a legally binding contract between you and the Department. The Department reserves the right to change the Account Terms and Conditions that apply to your use of the National Parks Booking Service at any time. The National Parks Booking Service Account Facility You may close your National Parks Booking Service Account online at qld.gov.au/camping. If your National Parks Booking Service Account is not available for any reason, you can communicate directly with the Department by emailing QPWS@npsr.qld.gov.au. By agreeing to use this service, or setting up a National Parks Booking Service Account, it does not: Affect or reduce any obligation owed to you by any department or agency of the State of Queensland; Reduce any obligation you owe to any department or agency of the State of Queensland. Your Responsibilities You must: Keep your National Parks Booking Service Account username and password secure at all times. Not permit any other person to use your username and password. Change your password regularly. You should use appropriate and up-to-date firewall and anti-virus software to protect your computer systems. The Department is not liable to you if the security of your National Parks Booking Service Account is compromised as a result of a failure to protect your computer systems. Our Responsibilities If the National Parks Booking Service Account Terms and Conditions change, we will ask you to accept the new terms and conditions. If you choose not to accept the terms and conditions, we will close your National Parks Booking Service Account. We have responsibilities relating to the security and privacy of your National Parks Booking Service Account information and transactions. We will use all reasonable endeavours to ensure that your information is not corrupted or changed. We will take reasonable care in providing the information and services through the National Parks Booking Service online booking system website. However, we cannot accept liability for any Loss that could arise as a result of your use of the National Parks Booking Service, including your National Parks Booking Service Account. If a problem or loss is caused by the information you included your National Parks Booking Service online booking system Account or because your computer was compromised in some way, we cannot take responsibility any loss or damage. Privacy For more information about how we protect your privacy and personal information, please see our privacy statement. We will only use and disclose your personal information to a person, body or other department: As permitted by these National Parks Booking Service Account Terms and Conditions; or To provide you with a service that you have requested; or As authorised by law, for example, if a law enforcement authority or court order lawfully directs us to disclose the information of a user of National Parks Booking Service online booking system. You may update and correct your personal information at any time by logging into your National Parks Booking Service Account. If you are unable to log into your Account to update and correct your personal information, please contact the Department by emailing QPWS@npsr.qld.gov.au General These National Parks Booking Service Account Terms and Conditions do not negate any terms or conditions of use of any other Queensland Government website. These Account Terms and Conditions are governed by the laws of Queensland. If any part of these terms or conditions is determined to be invalid, unlawful or unenforceable wholly or to any lesser extent, such terms or conditions shall be severed from the remaining terms and conditions. Please contact us at QPWS@npsr.qld.gov.au if you have any questions, problems or feedback regarding your National Parks Booking Service Account. Definitions Loss means loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any loss of profits, data, reputation or revenue. Conditions of permit In order to proceed with a permit purchase you must accept the conditions of permit, as well as be aware of your legal requirements. Your campsite arrival time should be no earlier than 2pm on the first day of camping and your camp site departure time should be no later than 11am on the last day In most instances a refund will not be issued. Please refer to the Camping and vehicle permit refund policy The Department may at its absolute discretion cancel all or part of a booking by giving notice via the email address or telephone number listed within the user’s Account. A full refund or gift card will be provided for a reservation cancelled by the Department. You acknowledge this right and agree to irrevocably waive all rights to pursue any claim you may otherwise have in respect of any such cancellation. The Department will not be liable for any circumstance beyond the reasonable control of the Department and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes. All guests must comply with: the Account Terms and Conditions of use (this document); and other rules of use (including the Park Alerts and permit conditions) ; and any reasonable directions given by Departmental Rangers, regarding the use of the permit; and any and all applicable laws relating to your attendance at and use of national parks and associated facilities. Once your payment has been confirmed, a receipt of your purchase, your permit tag(s) and any other relevant information will be sent to the email address nominated on your account. You can also view or print a copy of your receipt or permit(s) by logging into your account and opening ‘Your Account > Purchases > Bookings’. Condition of gift card purchase Gift vouchers are valid for 24 months from date of purchase, are redeemable through the National Parks Booking Service website for the payment of permit fees only and are not redeemable for cash or any other benefit. If purchased credits are not used within 24 months, you may be unable to exchange for other refund options. Ensure you are familiar with the Department’s refund policy before purchasing or accepting gift vouchers or credits. The purchase of gift vouchers or credits does not automatically issue you with a valid permit. If a another person wishes to redeem a gift voucher purchased by you, that person must set up a National Parks Book Service Account and agree to these Account Terms and Conditions prior to booking a permit. Conditions of Vehicle Access Permit A vehicle access permit must be obtained before driving on Bribie Island, Fraser Island, Moreton Island, Cooloola and Minjerribah recreation areas—fees apply for permits in these areas. All vehicles must be registered and have a valid permit. You must clearly display the details of your permit on your vehicle for inspection by authorised officers. For permits relating to the Minjerribah recreation area, you may not use the National Parks Booking Service, and you must apply online or phone (07) 3409 9668. Conditions of camping permit In order to proceed with your permit purchase you must accept the conditions of permit, as well as the park specific conditions. You should also be aware of your legal requirements.  Your campsite may be occupied from 2pm on the first day of camping and must be vacated by 11am on the last day  In most instances a refund will not be issued. Please refer to the Queensland Parks and Wildlife Service Camping and Vehicle permit refund policy. Once your payment has been confirmed, yo u will be emailed your booking confirmation together with your permit tag(s). Condition of gift card purchase  Gift cards are valid for 24 months from date of purchase. If purchased gift cards are not used within 24 months, they will expire and you are un able to exchange for other refund options. Conditions of vehicle access permit  Access to the Bribie and Fraser Island Recreation Areas is by 4WD vehicle only.  2WD vehicles, trailbikes and motorbikes are prohibited in the Bribie Recreation Area.  4WD veh icles are required in the Cooloola Recreation Area  Off road motorbikes (with full road use registration) are permitted on Fraser Island and in the Cooloola Recreation Area Thank you for booking your permit through the National Parks Booking Service. Queens land Parks and Wildlife Service hope that you have an enjoyable visit to the park or forest you have selected. CHALK & WIRE LEARNING ASSESSMENT INC. PRODUCT(S) RELEASE AGREEMENT Redistribution Or Rental Not Permitted BY CLICKING THE ACCEPTANCE BUTTON, CREATING A USER ACCOUNT, OR LOGGING INTO A USER ACCOUNT TO GAIN ACCESS TO ANY CHALK & WIRE LEARNING ASSESSMENT INC. PRODUCT OR SERVICES OR USING ANY CHALK & WIRE LEARNING ASSESSMENT INC. PRODUCT OR SERVICES (THE "PRODUCT(S)"), THE INDIVIDUAL LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. THE TERM “LICENSEE” SHALL BE INTERPRETED IN THIS AGREEMMENT TO MEAN THE “END USER” OF THE ACCOUNT/SERVICE (EPORTFOLIO (ALL PRESENT AND SUBSEQUENT AND NOT THE INSTITUTION OR ENTITY USING THE SERVICES OF CHALK & WIRE LEARNING ASSESSMENT INC. FOR THE PURPOSES OF MONITORING AND VERIFYING LEARNING WITHIN THEIR LEGAL RIGHTS TO DO SO AS AN EDUCATIONAL INSTITUTION OR TRAINING ORGANIZATION IN THEIR STATE/PROVINCE/NATION. IF THE LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT ACCESS OR USE ANY CHALK & LEARNING ASSESSMENT INC. PRODUCTS OR SERVICES. These terms apply to all products developed by Chalk & Wire Learning Assessment Inc. (“Chalk & Wire”). 1. LICENSE AGREEMENT. As used in this Agreement, "CHALK & WIRE" shall mean CHALK & WIRE LEARNING ASSESSMENT INC. PRODUCTS AND SERVICES; In this Agreement "Licensor" shall mean Chalk & Wire products and/or services except under the following circumstances: (i) if Licensee acquired the Product as a bundled component of a third party product or service, then such third party shall be Licensor; and (ii) if any third party software is included as part of the default installation/use and no license is presented for acceptance the first time that third party software is invoked, then the use of that third party software shall be governed by this Agreement, but the term "Licensor," with respect to such third party software, shall mean the manufacturer of that software and not Chalk & Wire. With the exception of the situation described in (ii) above, the use of any included third party software product shall be governed by the third party's license agreement and not by this Agreement, whether that license agreement is presented for acceptance the first time that the third party software is invoked, is included in a file in electronic form, or is included in the package in printed form. If more than one license agreement was provided for the Product, and the terms vary, the order of precedence of those license agreements is as follows: (i) a signed agreement, (ii) a license agreement available for review on the Chalk & Wire website, (iii) a printed or electronic agreement that states clearly that it supersedes other agreements, (iv) a printed agreement provided with the Product(s), (v) an electronic agreement provided with the Product(s). 2. LICENSE GRANT. Licensor grants Licensee a non-exclusive and non-transferable license to use, for personal or internal business purposes, the web-accessible GUI interface version of the Product(s). The license entitles the licensee protection of /access to, their personal content excluding the code base provided by Chalk & Wire, for so long as their account subscription is fully paid for the time of service provided and the institutional client continues to purchase accounts sufficient to sustain the ongoing storage of non-revenue bearing accounts (post expiry). Where accounts have expired, unless otherwise instructed in a parallel institutional agreement to extend storage service, this Agreement may be terminated by the Licensor and Chalk & Wire reserves the right to archive Licensee accounts that are dormant (defined as not accessed for four years after expiry, termination or Licensor discontinuance of business by Licensor) to another secure storage medium until such time the licensee requests it, or to delete the content if the institutional client is no longer purchasing accounts sufficient to sustain the ongoing storage of expired accounts. If archived, the licensee may request or have access to their account to download a full copy of their data. The license does not entitle the Licensee to receive from Chalk & Wire hard-copy documentation. The Licensee is entitled to technical support, telephone assistance, or enhancements or updates to the Product only as related to the actual usage of Chalk & Wire software features derived from code proprietary to Chalk & Wire. Support services related to any other computing or technological device or product, are not provided to the LICENSEE. The Licensee may not redistribute the Product(s) unless Licensee has separately entered into a distribution agreement with Chalk & Wire. 3. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, or in another Chalk & Wire agreement to which Licensee is a party, Licensee may not: (i) modify or create any derivative works of the Product or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sub license, or otherwise transfer rights to the Product; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (v) publish any results of benchmark tests run on the Product to a third party without Chalk & Wire's prior written consent. The Licensee may be provided with server space owned or leased by Chalk & Wire for the storage of files DIRECTLY related to the use of Chalk & Wire products. The amount of server space provided is established by Chalk & Wire, and may be adjusted at any time without warning. Any users who employ server storage space provided by Chalk & Wire to engage in actions deemed illegal, shall have their access terminated without notice, and shall be held entirely liable for these actions to the full extent of the laws applicable. You also hereby acknowledge that the Service is for educational or career search purposes only. Therefore, you agree to use the Service for such purposes and not to post any inappropriate Materials. Chalk & Wire reserves the right to remove any item that, in the view of Chalk & Wire, is inappropriate. By way of illustration, and not limitation, such Material includes material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable. 4. FEES. There may be license fees for the Product(s)which may be adjusted from time to time without warning. 5. CHANGES TO SERVICE: Chalk & Wire may change or discontinue any portion, feature or content of the Service at any time with or without notice to you. Likewise, Chalk & Wire may at any time, with or without notice to you, restrict the use and accessibility to the Service as well as limit the duration and amount of use made of the Service. 6. THIS AGREEMENT AND CHANGES TO IT: Chalk & Wire may change any of the terms in this Agreement at any time. Changes will become effective when Chalk & Wire posts the modified Agreement on the Website. The End-User License link will be flagged any time changes are posted. If you do not agree to the changes, you may cancel your subscription to the Service in the manner described in Section 10. Continued use of the Service by you or any other subscriber under your license constitutes acceptance of the terms of the modified Agreement. Further, this Agreement is the entire agreement between Chalk & Wire and you with respect to the Service. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If Chalk & Wire waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or Chalk & Wire's conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses. 7. DISCLOSURE OF INFORMATION: Chalk & Wire actively seeks to comply with all applicable statutes and regulations regarding maintaining the confidentiality and privacy of information held by it, including but not limited to the Family Educational Rights and Privacy Act ("FERPA"). Chalk & Wire does not sell or otherwise transfer customer information to third party marketing companies under any circumstances. It is Chalk & Wire's policy not to share your personal information with any third parties. Chalk & Wire enables you to comply with your privacy and confidentiality obligations. However, you must be aware of your own obligations under the extant and applicable privacy act in place in your jurisdiction or any other statute, regulation or other legal or institutional rule regarding the release of confidential information and act accordingly. You may participate in a variety of online forums on the Site, submit work to others for evaluation, share work with colleagues, and/or publish work in Chalk & Wire or to the World Wide Web at large. Any information you disclose in these areas will be available to certain other end users, and may be collected and used by persons other than Chalk & Wire. You should not disclose any information that you do not want others to know on these areas of the Site. Chalk & Wire does not routinely monitor these areas, and you use forums and tools at your own risk. In addition, you may also provide Chalk & Wire with information such as assignments, work products, and assessment rubrics that identify your own content. This information will be available only to other individuals with Chalk & Wire ID's and passwords within your organization or to those granted trusted external access by you or your organization in order to carry out their duties to which you have agreed by right of your membership in said organizations/institutions UNLESS YOU CHOOSE TO PUBLISH IT ON THE WORLD WIDE WEB. Personal information such as addresses and phone numbers are NEVER required on the Site by Chalk & Wire and should not be published there by you unless you are sure that your audience is allowed to have such information. Chalk & Wire provides various communication tools that enable users to share work with users and non-users of Chalk & Wire. Once you have shared work with a third party, Chalk & Wire no longer can control access to that work and can make no assurances as to the privacy of that work. Do not disclose or send information to third parties that you do not want others to know, use or publish in other forums. Chalk & Wire may disclose your information if we believe in good faith that such disclosure is necessary to comply with applicable law, a subpoena or other legal process. We may also disclose such information as is necessary to identify, contact or bring legal action against a person or entity who may be violating Chalk & Wire's Terms of Use (or such other agreements to which an end user is a party), or who may be causing injury to, or interfering with, other users of the Site and Services, or other third parties who may be harmed by such activities. The Site may contain links to third party websites. When you click on these links, you will leave the Site, and will then be subject to the information collection practices of such third parties. Chalk & Wire has no control over the content, policies or actions of these websites, even if you are offered products or services on those websites because you are an end user of the Site and Services. The use of any information you may provide to third parties on other websites, or that such parties may otherwise collect on other websites, is not governed by this Privacy Policy. You should carefully review the privacy policies of any third party websites and contact the operators of those websites if you have any questions about their use of your information. Chalk & Wire cannot be responsible for any third party, or its affiliates or agents, failing to use your information in accordance with such third party's privacy policy, or any contractual or other legal obligations to which such third party, its affiliates or agents, may be subject. 8. DATA SECURITY: Chalk & Wire takes commercially reasonable security measures to protect information provided by you against unauthorized access and use. Upon login, your data files may be scanned for viruses, and the Webmaster will be notified of any viruses found. Access to information is only authorized with the use of a valid password protection. Chalk & Wire also uses commercially reasonable efforts and conforms to requirements of its insurers, Lloyds of London, to establish secure connections with your web browser for any passage of information. PLEASE BE AWARE, HOWEVER, NO DATA TRANSMISSION OVER THE INTERNET IS 100% SECURE AND ANY INFORMATION DISCLOSED ONLINE CAN POTENTIALLY BE COLLECTED AND USED BY PARTIES OTHER THAN THE INTENDED RECIPIENT. FURTHER, IN THE EVENT THAT YOU CHOOSE TO STORE ASSESSMENT DATA ON CHALK & WIRE, BE AWARE THERE IS NO EXTANT SECURITY MEASURE THAT CAN PROVIDE A GUARANTEE OF COMPLETE DATA SECURITY. 9. TERMINATION. Without prejudice to any other rights, the Licensor may terminate this Agreement if (i) the Licensee is in breach of any of its terms or conditions as determined by the Licensor or (ii) the Licensee account becomes dormant as defined in Article 3 herein. Upon termination, Licensee shall cease any attempt to access products and services provided by Chalk & Wire. In such cases, Chalk & Wire is in no way obligated to provide a copy of any files in the terminated account(s) to the user(s) or to any other party. 10. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in Chalk & Wire and/or its suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Chalk & Wire's or its suppliers' ownership of or rights with respect to the Product. The Product(s) is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Product is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives Licensee no rights to such content. In so far as from time to time Chalk & Wire is solicited by users to provide free (gratis) development of features to enhance their use and enjoyment of Chalk & Wire products, the provision of concepts, text, images or any other media by such users in the description of said features and enhancements does not constitute any claim to the code or any future developments thereof undertaken by Chalk & Wire. The title, ownership rights, and intellectual property rights to code created for this purpose and by these means for user-suggested features and enhancements resides with Chalk & Wire exclusively and royalty free in perpetuity. 11. NO WARRANTIES. Subject to the overriding obligation of Chalk & Wire to take all reasonable efforts to provide its software products and support services free of viruses and to the maximum extent permitted by applicable law, CHALK & WIRE and its suppliers provide the SOFTWARE PRODUCTS(S) and any (if any) Support Services related to the SOFTWARE PRODUCT(S) AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT(S), and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. Provided that Chalk & Wire has made all reasonable efforts to provide its SOFTWARE PRODUCTS and Support Services free of viruses, THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH THE LICENSEE. The test for “reasonable efforts” shall be failure by Chalk & Wire, amounting to gross negligence, to use standard, ubiquitous tools and procedures prevalent in the marketplace at the time it delivers to the Licensor the SOFTWARE PRODUCTS or Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH THE LICENSEE. 12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHALK & WIRE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS USER AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CHALK & WIRE OR ANY SUPPLIER, AND EVEN IF CHALK & WIRE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. LIMITATION OF LIABILITY. Notwithstanding any damages that the Licensee might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Chalk & Wire and any of its suppliers under any provision of this User Agreement and the Licensee's exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the period of 12 months prior for the SOFTWARE PRODUCT(s). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. CHALK & WIRE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. 14. NON-DISCLOSURE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS. The Licensee and Chalk & Wire Learning Assessment Inc. affirms and will take appropriate steps to protect the intellectual property rights of the other. Specifically, the institution retains all intellectual property rights in all information, materials, and intellectual property, including but not limited to courses and materials, provided by the user or institution to Chalk & Wire, and Chalk & Wire retains all intellectual property rights related to software application and code developed by Chalk & Wire and provided for use by this agreement. The Licensee or institution (its employees and/or relatives thereof) acknowledges the proprietary rights of Chalk & Wire regarding the research and development of Chalk & Wire software tools. Officials of the institution or its designees, may discuss and access products for the purposes of testing and providing feedback to Chalk & Wire about new features and enhancement. They are prohibited from revealing the work of Chalk & Wire software research and development in any manner with any entity that might reasonably be expected to develop similar software for either commercial or non-commercial purposes. 15. FERPA/PIPEDA/THE PRIVACY ACT & OTHER PREVAILING PRIVACY LEGISLATION. Chalk & Wire understands that the institution/ Licensee is subject to either FERPA (USA- Family Educational Rights and Privacy Act), or PIPEDA (CanadaPersonal Information Protection and Electronic Documents Act, and The Privacy Act), or The Privacy Act (Australia) or any other prevailing State/Provincial or Federal/national privacy legislation. Chalk & Wire abides by all applicable legal regulations of these Acts in force in the nation wherein the client/institution resides. Specifically, where institutions are concerned Chalk & Wire is considered an official of the institution as regards the protection of user and institutional data. As an official of the institution, Chalk & Wire must protect the privacy all user data provided by the institution/users and shall not transmit, share, or disclose any data about a end users without their written consent, except to other officials of the institution with a legitimate interest (i.e., the institutional official must seek the information within the context of his/her professionally assigned responsibilities with the institution and the information must be used within the context of official business of the institution). 16. ENCRYPTION. As regards situations wherein Chalk & Wire Learning Assessment Inc. is not the host of the product(s), if Licensee wishes to use the cryptographic features of the Product, then Licensee may need to obtain and install a signed digital certificate from a certificate authority or a certificate server. Licensee may be charged additional fees for certification services. The licensee is responsible for maintaining the security of the environment in which the Product is used and the integrity of the private key file used with the Product. In addition, the use of digital certificates is subject to the terms specified by the certificate provider, and there are inherent limitations in the capabilities of digital certificates. If Licensee is sending or receiving digital certificates, Licensee is responsible for familiarizing itself with and evaluating such terms and limitations. If the Product is a version with FORTEZZA, Licensee will need to obtain PC Card Readers and FORTEZZA Crypto Cards from another vendor to enable the FORTEZZA features. 17. EXPORT CONTROL. Licensee agrees to comply with all export laws and restrictions and regulations of Canada, and not to export or re-export the Product(s) or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Product(s) from Canada. By accessing or using the Product(s), Licensee agrees to the foregoing and represents and warrants that it complies with these conditions. 18. HIGH RISK ACTIVITIES. The Product(s) is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Product could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that Licensor and its suppliers will not be liable for any claims or damages arising from the use of the Product(s) in such applications. 19. U.S. GOVERNMENT END USERS. The Product(s) is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Products(s) with only those rights set forth herein. 20. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the Chalk & Wire and the LICENSEE concerning the subject matter hereof. (b) This Agreement may be amended only by a writing signed by both parties. (c) Except to the extent applicable law, if any, provides otherwise, the Licensee agrees to be governed by and consents to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario, Canada. (d) Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in the city of Toronto, Ontario, Canada, with the losing party paying all costs of arbitration. (e) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (f) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (g) The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only. (h) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (i) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (j) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity. (k) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (l) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (m) The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. (n) If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith. (o) If any Chalk & Wire professional services are provided, then such professional services are provided pursuant to the terms of a separate Professional Services Agreement between Chalk & Wire and Licensee. The parties acknowledge that such services are acquired independently of the Product(s) licensed hereunder, and that provision of such services is not essential to the functionality of such Product(s). (p) The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. 21.LICENSEE OUTSIDE THE U.S.A. AND CANADA. If Licensee is located outside the U.S. or Canada, then the provisions of this Section shall apply. (i) Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattache, soient redigés en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language.") (ii) Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Product(s)(s), and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable. BY CLICKING THE ACCEPTANCE BUTTON, CREATING A USER ACCOUNT, OR LOGGING INTO A USER ACCOUNT TO GAIN ACCESS TO ANY CHALK & WIRE PROFESSIONAL DEVELOPMENT CANADA INC. PRODUCT OR SERVICES OR USING ANY CHALK & WIRE LEARNING ASSESSMENT INC. PRODUCT OR SERVICES (THE "PRODUCT(S)"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT ACCESS OR USE ANY CHALK & WIRE PROFESSIONAL DEVELOPMENT CANADA INC. PRODUCTS OR SERVICES. Chalk & Wire Learning Assessment User Agreement. Rev. 04.06.2017 APPLE INC. iMOVIE SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, 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 INSTALL AND/OR USE THE APPLE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE APPLE SOFTWARE AS PART OF AN APPLE HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE APPLE HARDWARE/SOFTWARE PACKAGE 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/. YOU MUST RETURN THE ENTIRE HARDWARE/ SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish and distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 1. General. A. The Apple software, any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Apple-branded hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you. B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple to the Apple Software product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update. 2. Permitted License Uses and Restrictions. A. License. Subject to the terms and conditions of this License, including but not limited to the requirements and limitations in Section 2B, unless you obtained the Apple Software as described in Section 2C, you have the right to use the Apple Software (whether you obtained it from the Mac App Store or preinstalled by Apple on Apple-branded hardware) as permitted by the Mac App Store Product Usage Rules set forth in the App Store Terms and Conditions (http://www.apple.com/legal/internetservices/ itunes/ww/) (“Usage Rules”), and are granted a limited, non-transferable, non-exclusive license: (i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running OS X (“Mac Computer”) that you own or control; and (ii) if you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use either: (a) by a single individual on each of the Mac Computer(s) that you own or control, or (b) by multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use the Apple Software on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use the Apple Software on a single Mac Computer located at a resource center or library. B. If you obtained the Apple Software preinstalled by Apple on Apple-branded hardware, in order to use the Apple Software on more than one of the Apple-branded computers you own or control under the Usage Rules, you must log in to the Mac App Store and associate the Apple Software with your Mac App Store account. If you choose not to associate the preinstalled Apple Software with your Mac App Store account, you are permitted to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time. Please also note that by choosing to associate the preinstalled Apple Software with your Mac App Store account, you will also associate any other Apple software applications that also came preinstalled by Apple on your Apple-branded hardware at the time of purchase (excluding OS X, Safari, and system applications and tools). C. Volume or Maintenance License. If you obtained the Apple Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the Apple Software you are permitted to download, install, use and run on Apple-branded computers you own or control. Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the Apple Software obtained under a volume or maintenance license. D. Apple ID. Use of the Mac App Store requires a unique user name and password combination, known as an Apple ID. An Apple ID is also required to access updates to the Apple Software and certain features and Services (as defined in Section 5). If you choose to associate the preinstalled Apple Software with your Mac App Store account, both the Apple ID used by your Mac App Store account and a unique hardware identifier collected from your computer will be used by Apple to verify the eligibility of your update request. By choosing to associate the preinstalled Apple Software with your Mac App Store account, you agree that Apple may transmit, collect, maintain, process and use these identifiers, including the Apple ID information you provide, as unique account identifiers for the purpose of providing you access to the Apple Software through the Mac App Store. E. System Requirements. Apple Software is supported only on Apple-branded hardware that meets specified system requirements as indicated by Apple. F. Content and Digital Materials. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software 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 in this License, (i) 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, and (ii) you may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Apple Software, or otherwise use the Digital Materials outside the context of its intended use as part of the Apple Software. G. iMovie Features and Support. Use of some features of the Apple Software will depend on the features of your camera. Location data may not be available for all areas and is provided solely as a convenience to you. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Services. You understand and agree that uploading your movies to a third party service requires compliance with the terms and conditions of that service. The Apple Software contains sample content including but not limited to graphics, audio clips, video clips and/or templates (“Sample Content”). This Sample Content is proprietary to Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Except as otherwise provided, all Sample Content included in the Apple Software may be used on a royalty-free basis in your own video projects but may not be distributed on a standalone basis. H. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise permitted by the terms of this License or otherwise licensed by Apple: (i) only one user may use the Apple Software at a time, and (ii) you may not make the Apple Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. I. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by the licensing terms governing use of Open-Sourced Components (as defined in Section 13A) that may be included with the Apple Software). J. Compliance with Laws. You agree to use the Apple Software and the Services 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 Apple Software and Services. K. Third Party Software. Apple may provide access to certain third party software or services as a convenience. To the extent that the Apple Software contains or provides access to any third party software or services, Apple has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/ or products. L. Automatic Updates. If you opt in to automatic app updates, your computer will periodically check with Apple for updates and upgrades to the Apple Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your computer and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within System Preferences. 3. Transfer. A. Apple Software obtained from the Mac App Store is not transferable. If you sell your Apple-branded hardware to a third party, you must remove the Apple Software from the Apple-branded hardware before doing so. B. For any preinstalled Apple Software, you may make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (i) the Apple Software is transferred together with your Apple-branded hardware; (ii) the transfer must include all of the Apple Software, including all its component parts, printed materials and this License; (iii) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; (iv) you have not associated the Apple Software with your Mac App Store account as set forth in Section 2B; and (v) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. C. You may not transfer any Apple Software that has been modified or replaced under Section 13A below. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Apple Software provided with a particular Apple-branded hardware product may not run on other models of Apple-branded hardware. D. Any copy of the Apple Software that may be provided by Apple for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred. 4. Consent to Use of Data. A. Diagnostic and Usage Data. If you choose to allow diagnostic and usage collection, you agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software, and to verify compliance with the terms of this License. You may change your preferences for Diagnostics & Usage collection at any time by going to the Diagnostics & Usage setting on your computer and deselecting the checkbox. The Diagnostics & Usage setting is found in the Security & Privacy pane within System Preferences. Apple may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Apple’s partners and third party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you. B. Location Data. Apple and its partners, licensees and third party developers may provide certain services through the Apple Software that rely upon location information. To provide and improve these services, where available, Apple and its partners, licensees and third party developers may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your computer, and location search queries. The location data and queries collected by Apple are collected in a form that does not personally identify you and may be used by Apple and its partners, licensees and third party developers to provide and improve location-based products and services. By using any location-based services provided by or through the Apple Software, you agree and consent to Apple’s and its partners’, licensees’ and third party developers’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services. You may withdraw this consent at any time by going to the Location Services setting and either turning off the global Location Services setting or turning off the individual location setting for the Apple Software. The Location Services setting is found in the Security & Privacy pane within System Preferences. When using third party applications or services on your computer that use or provide location data, you are subject to and should review such third party’s terms and privacy policy on use of location data by such third party applications or services. C. iMovie Theater. The iCloud sharing functionality of the iMovie Theater feature requires an iCloud account and all use of such functionality is subject to the terms and conditions of this agreement and the iCloud Terms and Conditions located at: http://www.apple.com/legal/internet-services/icloud/ww/. By using the iCloud sharing functionality of the iMovie Theater feature, you agree that Apple may continue to store the videos that you publish until you delete them and send those videos to your other Apple branded-devices that have iMovie Theater enabled using the same iCloud account. You can disable the iCloud sharing functionality of the iMovie Theater feature on any of your (i) Mac Computers by disabling iMovie in the iCloud settings found within System Preferences and (ii) iOS devices by disabling iMovie in the iCloud settings found within Settings. D. Privacy Policy. At all times your information will be treated in accordance with Apple’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: http://www.apple.com/legal/ privacy/. 5. Services and Third Party Materials. A. General. The Apple Software may enable access to Apple’s iTunes Store, Mac App Store, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, “Services”). 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 iTunes Store account, Apple ID or other Apple account, you agree to the applicable terms of service for that account, such as the latest iTunes Store Terms and Conditions which you may access and review at http://www.apple.com/legal/internet-services/itunes/ww/. B. If you choose to use the iCloud services through the Apple Software, such use is subject to the following additional terms: iCloud Terms and Conditions available at http://www.apple.com/legal/ internet-services/icloud/ww/ and Apple’s Privacy Policy available at http://www.apple.com/legal/ privacy/. C. 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. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. D. 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. E. 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 services applicable to the Services. You agree that the Services contain proprietary content, information and material, including but not limited to any Digital Materials, 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, and that you will not use such proprietary content, information or materials in any way whatsoever except 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. F. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Apple Software are not available in all languages or in all countries. 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 or 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. 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 Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 9, 11 and 12 of this License shall survive any such termination. 7. Disclaimer of Warranties. A. If you are a customer who is a consumer (someone who uses the Apple 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 consumer rights, you should contact a local consumer advice organization. B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE 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 APPLE 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. D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE 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 APPLE 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. F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE 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 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 OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE 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 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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Export Control. You may not use or otherwise export or re-export the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple 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 Apple 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 Apple 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. 10. Government End Users. The Apple 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. 11. 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. 12. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Apple 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. 13. Third Party Acknowledgements. A. Certain components of the Apple Software, and third party open source programs included with the Apple Software, may be made available by Apple on its open source website (http:// www.opensource.apple.com) (“Open Source Components”). Acknowledgements, licensing terms and disclaimers for such components are contained in the electronic documentation for the Apple Software. Please refer to the electronic documentation since you may have additional rights in the Open Source Components. You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open Source Components of the Apple Software, such failure or damage is excluded from the terms of the Apple hardware warranty. B. Use of MPEG-4. This product 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. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and noncommercial 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. H.264/AVC Notice. To the extent that the Apple 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 THIS PRODUCT 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:// JSTOR Terms and Conditions of Use 1. Welcome to JSTOR JSTOR’s integrated digital platform (the “JSTOR Platform”) is a trusted digital library providing for long-term preservation and access to leading academic journals and other scholarly materials from around the world. 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Name changes can be made for an individual passenger on a booking, but must apply to all flights for that passenger. Name changes are not permitted for Qantas Frequent Flyer Points Plus Pay, Flight bookings on Jetstar or JAL Mileage bookings. For Club Jetstar member exclusive fare bookings, where the Club Jetstar member is the individual passenger subject to a name change, other passengers on that booking (if any) will no longer be eligible for the Club Jetstar exclusive member fare. Change Fee and Fare Difference will apply to the name change from the Club Jetstar member, and Fare Difference will apply to all other passengers on that booking. Change Deadline and Point of contact Permitted changes must be made before the original scheduled flight opens for check-in at the airport. Airport check in opening times are available on your Jetstar itinerary. Time and Date changes can be made via Jetstar.com if originally booking was made via Jetstar.com or Jetstar Call Centre. All changes can be made via Jetstar Call Centre or Jetstar counter at the airport and additional service fees apply if your booking was not originally made via the Jetstar Call Centre or Jetstar counter at the airport. Fees are subject to change and are applied at the rate current at time of change. For current fees see Fees and charges. Change Fees and Fare Difference Change Fees apply per passenger, per flight. Fees are subject to change and are applied at the rate current at time of change. For current fees see Fees and charges. Fare Difference applies per passenger, per flight. Your new fare will be at least the amount of the fare you originally booked and may be more. You cannot change to a lower fare. No refund will be applicable if a lower fare is available. Fare Difference for permitted changes to Club Jetstar member exclusive fare bookings is the difference between the Club Jetstar member exclusive fare or fare with bundle originally booked and an available non-member fare or non-member fare with bundle on the date of change which is at least the same fare or, if the same fare is not available, the next available higher fare. The Fare Difference may be substantial. Fare Difference for changes to other bookings is the difference (if any) between the fare or fare with bundle originally booked and an available fare or fare with bundle on the date of change which is at least the same fare or, if the same fare is not available, the next available higher fare. The Fare Difference may be substantial. Permitted fare/bundle changes Subject to payment of Change Fee and Fare Difference applicable at time of change, Starter fares can be changed to an available Starter, Starter fare with Plus bundle, Starter fare with Max bundle, Business Class fare or Business Class fare with Max bundle. Club Jetstar member exclusive fare Starter fare bookings can be changed only to an available non-member Starter fare, Starter fare with Plus bundle, Starter fare with Max bundle, Business Class fare or Business Class fare with Max bundle. Re-booking You must re-book onto an available Jetstar flight. Jetstar does not hold open-dated bookings. Currency All money amounts will be charged in the currency you made your original booking. Earning Qantas Points and Status Credits, JAL Mileage , Emirates Skywards Miles and Lotusmiles Miles Qantas Points and Status Credits are not earned on Starter fares - except for Starter fares on New Zealand domestic flights. These bookings will earn Qantas Points at the Discount Economy rate. Status Credits cannot be earned on Starter fares. If you are travelling on a on a Jetstar New Zealand domestic flight that connects to an international Jetstar flight, you won’t earn Qantas Points or Status Credits unless you purchase a Starter Plus, Starter Max or Business Max bundle. Starter fares are not eligible to earn JAL Mileage , Emirates Skywards Miles or Lotusmiles Miles. Qantas Frequent Flyer Classic Upgrade Rewards Starter fare is not eligible for Qantas Frequent Flyer Classic Upgrade Rewards. Qantas Frequent Flyer Points Plus Pay – Flights on Jetstar and JAL Mileage - Additional Payments All changes or additions to your booking must be paid for with money and cannot be redeemed with Qantas Points. The amounts payable for changes or additions will be calculated by using the original monetary value of the fare (as determined by Jetstar) and as per the conditions listed in the Change Fee and Fare Difference section of these fare rules. Jetstar Conditions of Carriage JETSTAR AIRWAYS PTY LTD ABN 33 069 720 243 Conditions of Carriage (Passenger & Baggage) May 2016 1. DEFINITIONS OF EXPRESSIONS USED Airline Designator Code means the two or three characters or letters which identify particular Carriers. Authorised Agent means a passenger sales agent who is authorised by Jetstar to represent Jetstar in the sale of air passenger transportation on Jetstar services, and who holds any required licences. Baggage means your personal property accompanying you on your trip. It consists of both your Checked Baggage and Cabin Baggage. Baggage Allowance means the amount of Cabin Baggage and Checked Baggage (if any) which is included in your fare as stated in 7.1 for travel on Jetstar services. Baggage Identification Tag means the numbered baggage document issued to you that corresponds to the tag attached to each item of Checked Baggage for the purpose of identifying the Checked Baggage. Booking means the details which we or our Authorised Agent have entered in our system relating to a journey to be made by a Passenger. Booking Reference means the reference issued by us or our Authorised Agent which appears on your Ticket or Itinerary Receipt and which identifies the Booking you have made with us. Cabin Baggage (sometimes referred to as carry-on baggage, hand baggage or unchecked baggage) means any of your Baggage other than Checked Baggage you take your Cabin Baggage into the cabin of the aircraft with you. Carrier means an air carrier. Checked Baggage means that part of your Baggage (if any) which we have taken into our custody for carriage in the hold of the aircraft and for which we have issued a Baggage Identification Tag or Baggage receipt or both. Check-in Deadline means the time limit specified by Jetstar by which you must have completed check-in and received your boarding pass. Code share means a flight where the Airline Designator Code in the flight number is not the Airline Designator Code of the Carrier operating the aircraft. Conditions of Carriage means these conditions of carriage and includes the fare rules, as applicable. Convention means whichever of the following apply: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention), the Warsaw Convention as amended at The Hague on 28 September 1955, the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975), the Guadalajara Supplementary Convention (1961), the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999 (the Montreal Convention), any other applicable protocols or conventions and any enabling legislation. Damage includes death of, wounding of or bodily or personal injury to a Passenger and also includes loss, partial loss, theft or other damage to Baggage arising out of or in connection with, either carriage on flights we operate or other services we provide. However, it does not include normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts. Days means a full calendar day. For the purpose of notification, the day upon which the notice is sent is not counted. Domestic Carriage means travel in which the place of departure and the place of destination are both situated in the same country and there is no stopping place outside that country. Frequent Flyer Redemption means a booking issued in exchange for the redemption of frequent flyer points. International Carriage means travel between two or more countries including any flights within those countries where they are combined with any international flights. Itinerary Receipt means a document or documents we or our Authorised Agents issue to Passengers travelling on a Booking which includes the Passenger’s name, flight information and notices. Jetstar, we, us, our for the purposes of these Conditions of Carriage means Jetstar Airways Pty Limited, ABN 33 069 720 243. Passenger means any person with a Booking who is to be carried or who is carried on an aircraft, except members of the crew. Special Drawing Rights (or SDRs) means the composite unit of currency that is the official unit of exchange of the International Monetary Fund. As a rough guide, this equates to approximately AU$1.65 or NZ$1.80 but this will fluctuate depending on exchange rates. Tariff means the fares, fare rules, charges or Conditions of Carriage that we file with airline global distribution systems, in our own reservations system, or in certain instances, with government authorities. Ticket means the document issued by Jetstar or an Authorised Agent containing details of a Booking, and includes an electronic ticket. we, us, our, ourselves see the definition for Jetstar. you, your, yourself means the Passenger. 2. WHEN THESE CONDITIONS OF CARRIAGE APPLY 2.1 Application of Conditions of Carriage Except as provided in 2.4, 2.7, 2.8, 2.9 and 2.10, these Conditions of Carriage apply wherever “Jetstar” or our Airline Designator Code “JQ” is shown on a Booking, and in any case where we have a legal liability to you in relation to your flight. 2.2 Gratuitous or reduced fare carriage These Conditions of Carriage also apply to gratuitous and reduced fare carriage (except to the extent that we have told you otherwise) and Frequent Flyer Redemption travel. 2.3 Basis of carriage The carriage of a Passenger on any flight by Jetstar is, without exception, subject to: a Booking, these Conditions of Carriage, applicable laws which may include the Civil Aviation (Carrier’s Liability) Act 1959 (Australia) and any international Conventions that may apply to the journey in question, any applicable Tariffs filed by us with regulatory bodies, any specific directions given to a Passenger in writing, or orally by Jetstar staff, and the fare rules and conditions or Frequent Flyer Redemption rules, as applicable. 2.4 Read Down If any of these Conditions of Carriage is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Conditions of Carriage and the other conditions will remain valid. 2.5 Variation and Waiver No Jetstar employee or other person is authorised to vary any of these Conditions of Carriage. However, this does not affect our right to waive any fare rule or amount payable. A waiver on one occasion does not constitute a waiver on any other occasion. 2.6 Conditions prevail We may publish a summary of these Conditions of Carriage to assist in drawing key issues to the attention of Passengers. The terms of these Conditions of Carriage will prevail over any summary of them. Subject to 2.7, if any of these Conditions of Carriage is inconsistent with any special procedures we may have, these Conditions of Carriage will prevail to the extent of the inconsistency. 2.7 Overriding law These Conditions of Carriage do not apply to the extent that they are inconsistent with any laws that apply to your carriage. In respect of any goods or services we may provide other than carriage, certain statutory guarantees or warranties may apply for the benefit of consumers. For example, for consumers, services may come with a non-excludable guarantee or warranty that they will be provided with due care and skill. The nature and application of these guarantees or warranties will depend on the relevant jurisdiction. Nothing in these Conditions of Carriage is intended to exclude or restrict the application of such consumer laws. In respect of goods or services acquired for business purposes and not as a consumer: (a) consumer guarantees and warranties, including under the Competition and Consumer Act 2010 (Cth), a Fair Trading Act or the New Zealand Consumer Guarantees Act 1993 (NZ), will not apply where these Conditions of Carriage apply, provided that the relevant terms may by law be excluded; and (b) if a statute or other law provides a guarantee or warranty that cannot be excluded, to the extent permitted by law our liability for a breach of the guarantee or warranty will be limited to either supplying the goods or services again or paying the cost of having them supplied again, as determined by us. 2.8 Charter operations If carriage is performed by Jetstar under a charter agreement (hire arrangement), these Conditions of Carriage apply unless Passengers are advised otherwise. 2.9 Other travel arrangements If Jetstar transports you or arranges to transport you by means other than aircraft, eg. by bus, train or boat, or arranges accommodation or car rental, we do so only as an agent. There may be additional or different conditions of carriage applicable to those arrangements. Where these include limitations of liability that are lower than the limitations of liability in these conditions of carriage, the lower limitation will apply to your non-aircraft arrangements. If we arrange travel for you on a flight with another Carrier’s Airline Designator Code, we do so only as agent for that Carrier and the other Carrier’s conditions of carriage will apply. 2.10 Code shares On some routes Jetstar offers our services together with other Carriers, placing Jetstar’s designator code (JQ) on flights operated by other Carriers under code share agreements. This means that even if you have made a Booking with us and hold a Ticket for a Jetstar flight showing ’JQ’ as the Airline Designator Code, you may travel on another Carrier’s aircraft. For a code share flight operated by another Carrier, Jetstar will advise the Passenger of the identity of the operating Carrier prior to the time of reservation. Passengers travelling on a flight operated by another Carrier may be subject to terms and conditions of the operating Carrier that differ from those of Jetstar, including those regarding: (a) check-in provided in clause 8; (b) refusal and limitation of carriage provided in clause 10; (c) restriction of acceptance of baggage, free baggage allowance and excess baggage charge provided in clause 7; and (d) for code share flights involving an airport of the United States of America, the tarmac delay contingency plan of the operating Carrier governs with respect to any tarmac delay (meaning any delay of an aircraft on the ground at any airport of the United States of America during which passengers are not allowed to deplane). 2.11 EC Directive - Package Travel and Holiday Tours (United Kingdom) This clause 2.11 applies only if you have purchased a fare for travel on our services as part of a package tour and European Community Directive 90/314/EEC on Package Travel and Holiday Tours applies. We or an Authorised Agent will, if you ask, issue a new Ticket to somebody else to replace your Ticket if: you want to transfer your booking under article 4.3 of the Directive, you prove to us or an Authorised Agent that you have satisfied the requirements of Article 4.3 of the directive and are entitled to transfer the booking, you give us or an Authorised Agent reasonable notice of your intention to transfer the booking before your date of departure of your flight, you give us or an Authorised Agent the full name, address and contact number of the person to whom you want the new Ticket to be issued, you deliver your Ticket to us or an Authorised Agent, and you pay us or an Authorised Agent a reasonable administration fee for issuing the new Ticket. 3. GENERAL 3.1 Preparing to travel You alone are responsible for making all necessary arrangements for your travel and ensuring that you comply with all laws, regulations and orders of the places you will travel to such as: finding out from relevant embassies or consulates whether you need a passport, visa or other travel document, health document or evidence of onwardtravel; obtaining those documents; obtaining inoculations; and finding out about dangers to your health and safety at your destination. If we provide assistance or information for any of the above aspects of your travel, this does not release you from your responsibility in respect of these matters. 3.2 Destination - Passenger enquiries If you are travelling overseas, you should enquire about any local issues and conditions at your destination(s) prior to commencing travel. We make no representations as to the safety, conditions or other issues that may exist at any destination. Travel advice can be obtained from various sources, including local governments, local consular offices and the website of the Australian Department of Foreign Affairs and Trade, the New Zealand Ministry of Foreign Affairs and Trade, and the United States Department of State. 3.3 Travel Insurance Because travel involves many risks, and our liability to you is limited, you may choose to purchase travel insurance, which can cover things like: changes in travel plans and travel cancellation, medical and hospital expenses, personal injury and death, delayed, damaged or lost Baggage and other items, or missed flight connections and additional expenses. 3.4 Health (a) General: We may refuse to carry you if we, acting reasonably, are not completely satisfied that it is safe for you to fly. Before you make a Booking you should tell us if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly. (b) Deep vein thrombosis (DVT) Some studies have concluded that prolonged immobility may be a risk factor in the formation of blood clots in the legs (DVT - Deep Vein Thrombosis). If you feel you may be at risk from DVT or other health problems, consult with your doctor before travel. Information on health issues can be found on our website at jetstar.com or in our in-flight magazine. (c) Pregnancy: If you are pregnant, the following precautions must be observed. For travel after the first 28 weeks of your pregnancy: you will need to carry a certificate or letter from a registered doctor or registered midwife, dated no more than 10 days prior to travel confirming: the estimated date of delivery whether it is a single or multiple pregnancy; and that there are no complications with your pregnancy For flights of four hours or more: if you are having no complications with your pregnancy you can travel up to the end of the 36th week of your pregnancy for single pregnancies or up to the end of the 32nd week for multiple pregnancies (for example, twins) medical clearance is required if you are having complications with your pregnancy For flights of less than four hours: if you are having no complications with your pregnancy you can travel up to the end of the 40th week of your pregnancy for single pregnancies and up to the end of the 36th week for multiple pregnancies (for example, twins) Medical clearance is required if you are having complications with your pregnancy If you wish to travel within seven days after delivery, medical clearance is required. Infants cannot travel for 48 hours after delivery and need medical clearance to travel between three and seven days after delivery. Please Note: We do not represent that travel is safe for you at any particular point during your pregnancy. You must seek advice from your own medical practitioner prior to your flight. The periods referred to above are only our minimum requirements Some countries place limitations on the entry of non-national pregnant women. Check with the relevant embassy or consulate before you travel to confirm any further limitations. 3.5 Privacy Jetstar collects information about you (including health information where necessary) to provide products and services to you, facilitate your participation in our and other organisations’ loyalty programs, ensure the safety and security of all passengers when travelling with us, conduct marketing activities for our and third parties’ products and services and conduct market research. We may collect your personal information from people who make or update your Booking or otherwise interact with us on your behalf, from our related bodies corporate and other Jetstar branded entities, from our service providers and from immigration, customs, border security and other regulatory authorities. Some of the information we collect is required under the Customs Act 1901 (Cth). If the information is not provided, we may not be able to provide the service requested. For these reasons, we may disclose your personal information to: our related companies, other carriers and organisations which provide services to us (such as ground handling and other travel related services, call centre operation, market research and marketing services, and services associated with complaints or security incident investigation); your employer if you are travelling for work purposes on a ticket purchased by your employer. The information disclosed to your employer may include your travel details and any information associated with your travel (such as incident reports); and others to comply with our legal obligations, including to various law enforcement agencies, regulatory authorities and governments for security, customs and immigration purposes. These parties may be located overseas including in the Philippines, Singapore and any country which you travel to or through with us or our partner airlines. Our privacy policy is available at jetstar.com and it contains more information about the above and also how you can seek access to, and correction of, your personal information. It also explains how you can complain about a breach of your privacy and how we will deal with your complaint. You can contact us by writing to Jetstar Customer Care at GPO Box 4713, Melbourne, VIC 3001, Australia. 4. BOOKINGS 4.1 When is a Booking made? A Booking for a flight is made when recorded as accepted and confirmed by Jetstar or an Authorised Agent. If you ask, we or our Authorised Agent will give you written confirmation of your Booking. We do not accept any responsibility for any loss you may incur as a result of making arrangements for travel on Jetstar through anyone other than Jetstar or its Authorised Agent. 4.2 Payment essential Even if you have a Booking for a flight, if Jetstar has not received your payment you will not be carried. 4.3 Reconfirmation Reconfirmation is not required for Jetstar flights. However, you may need to reconfirm your reservation on any other carriers on which you intend to travel. You should check the reconfirmation requirements with those other Carriers. If you fail to reconfirm when reconfirmation is required, the Carrier may decide to cancel your reservation. Unless Jetstar has advised otherwise, Jetstar does not provide for connecting flights. 4.4 Some Bookings cannot be changed Jetstar offers a choice of different fare types and bundles that are subject to different fare and bundle rules and are priced differently. Your reservation is subject to the fare and bundle rules applicable to the type of fare or bundle you choose. These are available to you at the time of booking. Please note the fare and bundle rules and in particular any change fees or restrictions that may apply. Jetstar may increase such fees or charges from time to time. If such a change will affect your existing booking, we will give at least one month’s notice of the change by updating the information page on Jetstar.com at Fees and Charges. 4.5 Specific assistance Generally we will not allow a person to travel without an accompanying passenger unless the person can travel independently, meaning that they can travel safely without assistance, supervision or both. We do not have the systems, staff or facilities required to assume responsibility for such assistance and supervision. Children requiring supervision will not be regarded as able to travel independently on the basis that they may cause a disruption or endanger themselves or others if travelling unaccompanied. However, we do provide specific assistance services to accommodate customers who need to travel with a service dog and for customers who require a wheelchair (see 5.3). If you need to use these special services please make arrangements through Jetstar Reservations. Other animals will not be carried unless required by law. Accompanying passenger means a paying Passenger who, in our reasonable opinion, can travel independently and is able to and will provide the appropriate assistance, supervision, or both, as is required for the particular customer they are accompanying. As a guide, Jetstar generally will not consider a passenger to be an appropriate accompanying passenger for a child unless the passenger is at least 15 years old. 4.6 Seat Allocation Although we will try to accommodate your seat reservation request, Jetstar does not guarantee you any particular seat. We can change your seat at any time, even after you have boarded the aircraft, including for safety, security or operational reasons. If we need to ask you to downgrade your class of travel for any reason, we will: Provide you with an appropriate refund of the fare difference (or frequent flyer points if applicable), or Provide you with a reasonable alternative flight on our services. 5. FARES 5.1 What your fare covers Your fare covers the flight(s) for you and your applicable Baggage Allowance: from the airport at the place of departure specified in your Booking, to the airport at the place of destination specified in your Booking. 5.2 What your fare does not cover Your fare does not include ground transport between one airport and another or between the airport and any other place. Meals and refreshments are not included in your fare unless the applicable fare rules provide otherwise. 5.3 Carriage of Wheelchairs and Service Dogs Your fare also covers carriage of your service dog or wheelchair, if you require one to travel. Please notify Jetstar Reservations of your requirements when you make your Booking. Limits may apply. 5.4 Non-refundable fares Some fare types are non-refundable. Please refer to the applicable fare rules for more information. Even if your fare is non-refundable, if you do not travel you may be able to claim a refund of certain charges or taxes excluding fuel and insurance surcharges. If there is a charge or tax which Jetstar collects on a per passenger basis to remit to an airport or taxing authority, and we do not have to remit that amount as a result of you not travelling, we will refund that amount to you, after deducting a reasonable administration fee (see Fees and Charges for current fees). If the administration fee reasonably incurred exceeds the amount of the refund, no refund will be paid. 5.5 Paying for your Booking You or someone on your behalf must pay for your Booking, which means that payment must be made for: the applicable fare, any other applicable surcharges, fees or taxes, and any applicable amounts relating to changes to your Booking, which may include change fees and fare differentials. 5.6 Currency You must pay for your Booking in the currency specified by Jetstar. 5.7 Charges and taxes The price of your Booking may include significant amounts of surcharges, fees and taxes. You may also be required to pay additional charges, fees and taxes not marked on the Itinerary Receipt direct to third parties. For example, airport departure charges may be levied directly on you at an international airport. Such amounts will not be marked on your Booking. If a government authority imposes or increases an unavoidable charge or tax on your carriage on a per passenger basis before you travel, we will pass on that cost to you if permitted by law to do so. 6. CHANGES 6.1 Ticket not transferable You must not give or sell your Booking to anyone else to use. Except to the extent required by law or provided under the applicable fare rules, a Booking is not transferable to another person. If someone else presents themselves to travel on your Booking and we discover that that person is not you, we may refuse to carry that person. However, if we do not discover that the Booking has been transferred and as a result carry the person or give them a refund, we are not obliged to replace your Booking or give you a refund. The applicable fare rules may permit you to change the passenger name and create a new Booking if you pay any applicable fare difference and change fees. 6.2 Booking and travel dates (a) No open Bookings Unless the fare rules provide otherwise, you cannot hold an open Booking. Your Booking must be for travel on a specific flight. (b) Frequent Flyer Redemption travel Frequent Flyer Redemption bookings are subject to the rules of the applicable frequent flyer program, which may include a booking validity period. Any changes you make to your Booking must be for a flight within the validity period, if any, specified under those rules. 6.3 Booking Reference You must keep your Booking Reference secure so that no one else can attempt to use it. 7. BAGGAGE 7.1 Baggage allowance You may carry a limited amount of Cabin Baggage without additional charge provided it complies with these Conditions of Carriage. Infants not occupying a seat do not have a Cabin Baggage allowance. Some fare or bundle types do not include any Checked Baggage allowance. Please refer to the applicable fare and bundle rules for more information. These are available to you at the time of booking. The current allowances and restrictions for Cabin Baggage and Checked Baggage are set out on our website and may change. If a change in the applicable free Cabin Baggage allowance, or in the restrictions within Jetstar’s control for Cabin Baggage and Checked Baggage, will affect your booked travel, we will give at least one month’s notice of the change by updating the Baggage section on our website, or by such other notice as is required by law. A Passenger who does not travel cannot transfer their unused Cabin Baggage or Checked Baggage allowance to any other passenger(s), including passenger(s) in the same Itinerary. 7.2 Prohibited items We will not carry, and you must not try to bring on board the following prohibited items: items prohibited from being carried on any aircraft by any applicable national or international law, regulation or order, weapons of any type (except see 7.3), items which are likely to endanger the aircraft or persons or property on board the aircraft, or items that may become or are dangerous, such as those items specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Air Transport Association (IATA) Dangerous Goods Regulations. Further information is available from us on request, any other items which we have identified to you as prohibited items including but not limited to items we reasonably determine are unsuitable for carriage because they are dangerous, unsafe or because of their weight, size, shape or character, or which are fragile or perishable, brief cases and attaché cases incorporating dangerous goods such as lithium batteries, animals (except permitted service animals), pyrotechnic devices, disabling devices such as mace, pepper spray, etc containing an irritant or incapacitating substance are totally forbidden. If we discover that you are carrying prohibited items, we may do whatever we consider appropriate and what is reasonable in the circumstances, including disposing of the item without notifying you. We will not be responsible for any loss or Damage caused to any prohibited items if they are brought on board despite being prohibited items. 7.3 Firearms We may agree, but are not obliged, to carry firearms and ammunition for hunting or sporting purposes as Checked Baggage. If we do, these must be packed in accordance with all applicable national and international laws and regulations. Our approval may be withheld at our sole discretion. Applications for the carriage of firearms and ammunition for hunting or sporting purposes must be submitted at least 2 working days prior to your scheduled departure date. 7.4 Restrictions on checked baggage You must not include in your Checked Baggage: fragile, delicate or perishable items, computers, items with a special value, such as money, jewellery, precious metals, silverware, negotiable papers, share certificates, securities or other valuable documents, cameras, electronic equipment, commercial goods or business documents, or passports and other travel documents. Our liability for loss or Damage to your baggage is limited (see clause 15, below). If you carry items in contravention of these Conditions of Carriage, we will use all available defences against any claim in respect of any Damage, loss or destruction of those items. 7.5 Restrictions on cabin baggage All Cabin Baggage must comply with all applicable size and weight restrictions. You must not include in Cabin Baggage knives, sharp objects or cutting implements of any kind and any length, whether of metal or other material. These items must be packed in your Checked Baggage. They cannot be carried in your Cabin Baggage or on your person. If they are, the articles will be removed and not returned. Passengers carrying hypodermic needles will need to declare them at the screening point. Where possible, the Passenger should provide documentation or identification to confirm the Passenger’s relevant medical condition. Medication should have a professionally printed label identifying the medication or a manufacturer’s name or pharmaceutical label affixed. Please contact Jetstar should you have a question. We do not accept any responsibility for items which we refuse to carry as Cabin Baggage and which are not carried as Checked Baggage. 7.6 Excess baggage (at the airport) You must not take on board more Cabin Baggage than allowed (see 7.1). Charges will apply to all Checked Baggage in excess of the Checked Baggage allowance. See Checked Baggage for current charges. Jetstar may not be able to carry your excess baggage. 7.7 Searches Jetstar, government or airport officers may: require you to submit to clothing and body searches and/or screen, require you to submit your Baggage to searches or inspections, and search or inspect your Baggage with or without you. As a result of a search and/or screen, or if you refuse to submit yourself or your Baggage to a search, we may refuse to carry you and your Baggage, and may deliver your Baggage to government or airport officers. Except as otherwise provided by the relevant Convention or other applicable law, if a search or screen causes Damage to you, or a search, screening or x-ray causes Damage to your Baggage or articles that are removed from your Baggage, we will not be liable for the Damage unless it was caused by our negligence. 8. CHECK-IN 8.1 Check-in Deadline Check in deadlines apply and may be strictly enforced. To help us get your flight away on time, ensure you are at the boarding gate by the time specified. You will not be able to check-in after the Check-In Deadlines. Arrival after these Check-In Deadlines may result in you losing the entire fare paid. The aircraft will not be held for you if you arrive late at the boarding gate. You cannot check in at the boarding gate. Please see jetstar.com for your checking in options. 8.2 At check-in All Passengers, including children, must present their Booking Reference, any necessary travel documents (see 3.1) and acceptable forms of identification at check-in. For infants not requiring their own seat, proof of age (under 2) may be required, such as birth certificate. If you do not provide necessary travel documentation and form of identification at check-in, then you may not be allowed to travel. For all international travel a valid passport with the required validity period will be required. At check-in we will issue your boarding pass and Baggage receipt for any Checked Baggage. Keep these with you throughout your travel. 8.3 If you are late If you arrive late at check-in or the boarding gate (see 8.1), you will forfeit your Booking and no refund will be paid, unless otherwise provided in the applicable fare rules, or these Conditions of Carriage, or otherwise notified by Jetstar or required by law or Convention. Except as otherwise provided in the Convention or any applicable laws, we are not liable to you for any loss or Damage you may suffer as a result of your late arrival. 9. SCHEDULES, LATE OR CANCELLED FLIGHTS 9.1 Schedules (a) Jetstar does not guarantee it will be able to carry you and your Baggage in accordance with the scheduled date and time of the flights specified. Schedules may change without notice for a range of reasons including but not limited to bad weather, air traffic control delays, strikes, technical disruptions and late inbound aircraft. Flight times do not form part of your contract of carriage with us. (b) Before we accept your Booking, we or our Authorised Agents will tell you the scheduled departure time of your flight and it will be shown on your Itinerary Receipt. We may need to change the scheduled departure time of your flight after your Itinerary Receipt has been issued. If you give us or our Authorised Agents contact information, we or they will try to let you know about any changes. In any event, prior to your flight you should check to ensure your flight times have not changed. Except as provided for by Convention or any applicable law, we will not be liable to you for any losses that you may incur if you fail to do so. (c) If, after you pay for your Booking, we make a significant change to the scheduled departure time of your flight or the flight is cancelled (except where this is due to circumstances beyond our control) and: this change means you are unable to use your Booking for its intended purpose, and we or our Authorised Agents cannot book you on another flight which you are prepared to accept; we will give you a fare refund. Unless provided for in a Convention or any applicable law, we will not be responsible for paying any costs or expenses you may incur as a result of the changed time or cancellation. 9.2 Changes due to circumstances beyond our control Where a delay or cancellation is caused by circumstances beyond our control, whether you have checked in or not, Jetstar will try to assist you to get to your destination, but will not be responsible for paying any costs or expenses you may incur as a result of the delay or cancellation, unless otherwise required by law. 9.3 No flight connections provided Unless you have been advised otherwise by Jetstar, you must collect your Checked Baggage after each individual flight. It is the Passenger’s responsibility when making Bookings to allow sufficient time between the first flight’s arrival and next flight’s departure for Baggage collection and recheck. Please see jetstar.com for more information. 10. REFUSAL OF CARRIAGE/DENIED BOARDING 10.1 Refusal of carriage Even if you have a Booking, we may refuse to carry you and your Baggage if any of the following circumstances have occurred or we reasonably believe will occur: if carrying you or your Baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk, if carrying you or your Baggage may materially affect the comfort of any person in the aircraft, if carrying you will break government laws, regulations, orders or an immigration direction from a country to which you are travelling or are to depart from, because you have refused to allow a security check to be carried out on you or your Baggage, because you do not appear to have a Booking, if you fail to comply with any applicable law, rule, regulation or order or these Conditions of Carriage, if you fail to complete the check-in process by the required time (8.1) or fail to arrive at the boarding gate on time, because you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security, because you have not complied with our medical requirements (see 3.4), because you require special assistance and you have not previously made arrangements for (see 4.5), if you are drunk or under the influence of alcohol or drugs, if you are, or we reasonably believe you are, in unlawful possession of drugs, if your mental or physical state is a danger or risk to you, the aircraft or any person in it, if you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or otherwise behaved in a threatening manner, if you have committed a criminal offence during the check-in or boarding processes or on board the aircraft, if you have deliberately interfered with a member of our ground staff or the crew of the aircraft carrying out their duties, if you have put the safety of either the aircraft or any person in it in danger, if you are not wearing footwear, if you have made a threat, because you have committed misconduct on a previous flight and we are not satisfied that misconduct will not recur, because you cannot prove you are the person specified in the Booking on which you wish to travel, because your Booking: is not paid for, has been transferred, has been acquired unlawfully, has been acquired from someone other than us or an Authorised Agent, contains an alteration which has not been made by us or an Authorised Agent, is counterfeit or otherwise invalid. if we believe you will attempt to enter a country in which you have landed as a transit passenger without permission, if you have refused to give your travel documents to a member of our staff or allowed us to copy your travel documents, or you have destroyed your travel documents during the flight. In any of the situations in this 10.1, we may remove you from a flight, even after you have boarded, without any liability on our part, and cancel any subsequent flights on us on your Itinerary Receipt. 10.2 Notice of refusal to carry you We will be entitled to refuse to carry you and your Baggage if we have notified you in writing that we will not carry you on our services. The notice will give details of the period for which it will apply and will ask you not to make a Booking or ask or allow anyone to do so for you. If you try to travel while the notice is in force, we will refuse to carry you. 10.3 Overbooking If you are denied boarding due to overbooking of a scheduled flight for which you have a Booking, we will try to get you to your destination within a reasonable time of your original scheduled arrival time. If we do not, we will provide compensation and any care required by any law which may apply or in accordance with our policy if there is no applicable law. This clause 10.3 does not apply if you fail to meet the Check-in Deadline and boarding requirements in 8.1 or we exercise our right to refuse to carry you. If we are unable to accommodate your Cabin Baggage, we may ask you if we can stow it in the aircraft hold as Checked Baggage. In these circumstances you will not be charged for the relevant Checked Baggage. 11. CONDUCT DURING FLIGHT 11.1 Obey directions To maximise Passenger comfort, safety and security, you must comply with the following requirements and all other directions of any crew member on your Jetstar flight, when on board: stow Cabin Baggage under the seat in front of you or in the overhead lockers, take care when you open overhead lockers, since Cabin Baggage may move during flight, keep your seatbelt fastened when seated, remain seated with your seatbelt securely fastened during turbulence, stay seated as directed, in particular while the aircraft is moving on the tarmac, do not operate any electronic devices including cellular telephones, laptop computers, recorders, radios, CD players, electronic games, laser products or transmitting devices, walkie-talkies, remote or radio controlled toys that could interfere with the flight. If you fail to comply with our requests in this regard, we may retain the device until the end of the flight. Hearing aids and heart pacemakers are permitted. do not smoke, if you drink alcohol, drink only in moderation and only alcohol served on your Jetstar flight as part of its in-flight bar service. Consumption of alcohol purchased prior to your flight is not permitted onboard the aircraft, use infant restraints as directed, if asked by a member of the crew acting reasonably, you must give your passport or other travel document to them for safe custody until the end of the flight; and do not behave in a manner to which other Passengers may reasonably object. 11.2 Control of Passengers We will take all reasonable steps to maintain the comfort, safety and security of all Passengers. If necessary, we may restrain you or remove you from any flight anywhere, for example if you: conduct yourself so as to endanger the safety of the aircraft or any person or property on board, obstruct, or fail to comply with any direction of, any crew member, behave in a manner to which other Passengers may reasonably object, interfere with a crew member who is performing his or her duties on board an aircraft, tamper or interfere with the aircraft or its equipment. If we offload you, you may be refused further carriage on Jetstar and may be prosecuted for any offenses committed on board the aircraft. 11.3 Diversion costs caused by unacceptable behaviour If we divert the aircraft to an unscheduled destination as a result of your failure to comply with the requirements set out in these Conditions of Carriage or your conduct described in 11.1, you must pay us the reasonable costs of the diversion. 11.4 Smoking prohibited Smoking is not permitted on any Jetstar aircraft. 12. AFTER THE FLIGHT 12.1 Collect your Checked Baggage You must collect your Checked Baggage as soon as it is available for collection. 12.2 If you cannot find your Checked Baggage If you cannot find your Checked Baggage, produce your Baggage Identification Tag to us. Only the person to whom the Baggage Identification Tag was issued is entitled to collect that Baggage. 12.3 Release of Checked Baggage by us If we have Baggage you claim is yours but you do not have the Baggage Identification Tag, we will release the Baggage to you only if you: produce adequate proof of entitlement to it, undertake in writing to us that you will reimburse us for any loss, damage or expense incurred as a result of that release, and comply with any other reasonable directions given to you by us. 12.4 Disposal of Baggage by us If you do not collect your Checked Baggage and you have not claimed it within 28 Days after your flight, we may sell or otherwise dispose of it without notifying you and without liability on our part. We are not liable for any loss you may suffer as a result of your leaving any belongings on an aircraft when you disembark (unless the loss was caused by our fault) or in the airport terminal or lounge. 12.5 If you collect the wrong bag If you pick up the wrong bag from the baggage carousel, it is your responsibility immediately to return the bag at your own cost to the baggage claims officer or airport manager at the airport where you collected it. 13. REFUSAL OF ENTRY AND FINES 13.1 Refusal of entry If you are refused permission to enter a country and if a government or government authority orders us to return you to your place of origin or remove you to another country: you must pay for any detention costs and the return or other fare, we may, at our discretion, set off any refund owing to you, including for Booked but unused flights, against the amount of that return or other fare (if unpaid), and we will not refund the fare for carrying you to the place where you were denied entry. 13.2 Reimbursement of costs If we are ordered to pay any fine or penalty at any time, or incur any expense, costs, loss or Damage ("losses") by reason of you being denied entry into any country, or because of your failure to comply with any law, regulation, order or requirement, or because of your behaviour, health or medical condition, you must reimburse us for all losses plus all legal costs and other expenses reasonably incurred. We may, at our discretion, set off any refund owing to you for Booked but unused flights against any such amounts. 14. APPLICATION OF CONVENTION AND LAWS International Carriage is governed by a Convention, where applicable, or under applicable laws where a Convention does not apply. Where your travel is wholly within Australia with no international sectors, it is subject to the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) as amended (or any replacement legislation) or in the case of intra-State travel, complementary State legislation. Where your travel is wholly within a foreign jurisdiction, it is governed by equivalent legislation applicable within that jurisdiction. Our liability may be limited in respect of death or injury, Baggage or delay under a Convention or applicable laws. 15. LIABILITY FOR DAMAGE 15.1 Exclusions Other than as specified in these Conditions of Carriage and to the extent permitted by any applicable law, we exclude all liability for any costs, expenses, losses or Damage whatsoever that may arise in any way in connection with the carriage. 15.2 Negligence by you If any Damage was caused or contributed to by you, our liability may be reduced in accordance with applicable laws. 15.3 Our Conditions of Carriage These Conditions of Carriage govern our liability to you. The liability of any other Carrier involved in your journey will be determined by their conditions of carriage. 15.4 Our liability for your death, injury or delay (a) Australia Where your travel is wholly within Australia with no international sectors, it is subject to the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) as amended (or any replacement legislation) or complementary State legislation. Our liability for your bodily injury or death is limited to AU$725,000. (b) International Carriage For any recoverable compensatory Damages up to 113,100 SDRs (about AU$185,000) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, we will not exclude or limit our liability. However, any liability we may have for Damage will be reduced in accordance with applicable law by any negligence on your part that causes or contributes to the Damage. We will not be liable for Damages in respect of death or bodily injury to the extent that they exceed for each Passenger 113,100 SDRs (about AU$185,000), if we prove that: (i) such Damage was not due to the negligence or other wrongful act or omission of us or our agents, or (ii) such Damage was solely due to the negligence or other wrongful act or omission of a third party In the case of passenger delay; (i) where the Warsaw Convention applies, we will be liable for recoverable Damage except when we can prove that we took all necessary measures to avoid the Damage or that it was impossible for us to take such measures, or (ii) where the Montreal Convention applies, we will be liable for recoverable Damage except when we can prove that we took all measures that could reasonably be required to avoid the Damage or that it was impossible for us to take such measures. Our liability under the Montreal Convention is limited to 4,694 SDR’s (about AU$7,700). (c) New Zealand Where your travel is wholly within New Zealand and is not International Carriage: (i) our liability for death or injury will be excluded for any Passenger who at the time of the accident has cover in respect of personal injury arising from the accident under the Accident Compensation Act 1991 (NZ)I, (ii) any liability arising under the terms of carriage (see 2.3), or at common law, or under the provisions of any Acts of Parliament, regulations, or local authority by-laws for any injury or death that is not covered by the Accident Compensation Act 1991 (NZ) will be limited to a sum not exceeding NZ$100,000 (including all legal costs), whether or not such liability was caused by our negligence. (iii) our liability for any Damage sustained by you due to delay in your carriage is limited to the amount of Damage proved to be sustained by you as a result of the delay, or an amount representing 10 times the sum paid for the carriage, whichever amount is smaller, under the Civil Aviation Act 1990 (NZ). (d) European Community If your Ticket was purchased in the European Community and your travel is from or to a point in the European Community: we will, without delay and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered, an advance payment will not be less than the equivalent of 15,000 SDRs (about AU$24,500 or EUR17,000) per Passenger in the event of the death of a Passenger, an advance payment does not mean that we admit liability and it may be offset against any subsequent sums paid on the basis of our liability. An advance payment is not returnable unless: we prove that the damage was caused or contributed by negligence of the Passenger or the person who received the payment, or we prove that the person who received the payment was not entitled to compensation. (e) General We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition, except to the extent that any applicable law requires otherwise. 15.5 Our liability for damage to your baggage (a) Australia Where your travel is wholly within Australia and is not International Travel our liability for loss or Damage is limited to A$1,600 per Passenger for your Checked Baggage and A$160 per Passenger for your Cabin Baggage. (b) International Carriage Our liability for Damage to Checked Baggage is limited by the Convention except where you prove that the Damage resulted from an act or failure to act either done with the intention to cause damage or recklessly and with knowledge that damage would probably result. Where the Warsaw Convention applies, the limit is 250 francs (about AU$32) for each kilo of your Checked Baggage affected and 5,000 francs (about AU$640) for your Cabin Baggage, unless Article 25 of the Warsaw Convention applies, in which case these limits do not apply. Where the Montreal Convention applies, the limit is 1,131 SDRs (about AU $1,850), cumulative for both Checked Baggage and Cabin Baggage, unless Article 22.5 of the Montreal Convention applies, in which case these limits do not apply. In the case of Checked Baggage, we will not be liable if the baggage was defective. We will only be liable for Cabin Baggage if we were at fault. If neither the Warsaw nor the Montreal Convention applies, different limits may apply. (c) New Zealand Where your travel is wholly within New Zealand and is not International Carriage, our liability for loss or Damage is limited to NZ$2,000 per unit of Checked Baggage. We will not be liable for any loss or Damage to Cabin Baggage, unless the loss or Damage has been caused by our negligence, in which case it will be limited to NZ$2,000. If your negligence has contributed to any loss or Damage to your Baggage we may not be liable in whole or in part in accordance with applicable laws. Our liability in relation to your Baggage is governed by the Carriage of Goods Act 1979 (NZ), unless otherwise provided in these Conditions of Carriage. (d) General We will be liable only for Damage occurring during air Carriage booked on our Airline Designator Code. If we check Baggage on the flight of another carrier, we only do so as agent for that Carrier. Nevertheless, with respect to Checked Baggage, you may also have a right of action against the first or last Carrier. We are not liable for any Damage to your Cabin Baggage to the extent caused or contributed to by your negligence. We are not liable for any Damage caused by your Baggage. You are responsible for any Damage caused by your Baggage to other persons or property, including our property. We are not liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts. If the weight of your Checked Baggage is not recorded on your Baggage receipt we will presume it is not more than the applicable Baggage Allowance for the class of carriage. 15.6 Liability for breach of condition or warranty To the extent permitted by law, we exclude all liability for any costs, expenses, losses or Damages whatsoever that may arise in any way in connection with the carriage. If the Competition and Consumer Act 2010 (Cth) or any similar law implies a condition or warranty that cannot be excluded, our liability for a breach of the condition or warranty will be limited to either supplying the services again or paying the cost of having the services supplied again, as determined by us in our absolute discretion. 16. CLAIMS BY YOU 16.1 Death or personal injury claims If you wish to make a claim against us relating to personal injury or death, you or your personal representative should notify us in writing as soon as possible. Where your travel is wholly within New Zealand: If at the time of the accident you have cover in respect of personal injury arising from the accident under the Accident Compensation Act 1991 (NZ), you or your personal representative should lodge a claim in the manner provided in the Accident Compensation Act 1991 (NZ). 16.2 Baggage claims If the person with a Baggage receipt receives Checked Baggage without making a complaint, it will be reasonable evidence that the Checked Baggage was delivered in good condition, unless proven otherwise. Any claim for loss of or Damage to Checked Baggage or Cabin Baggage must be made in writing within the following timeframes: Domestic Carriage: 3 days in the case of Damage to or loss or destruction of part only of an item of Checked Baggage, after the date of receipt of the remainder of the item, 21 days in the case of loss or destruction of the whole of an item of Checked Baggage from the date that the Baggage should have been placed at your disposal, and 3 days in the case of Damage to or loss or destruction of Cabin Baggage. International Carriage: 7 days in the case of Damage to your Checked Baggage, in the case of delay, within 21 days from when the Checked Baggage has been made available to you. If you miss these deadlines, you will lose any right to claim. If you wish to make a claim against us for loss or Damage to Checked Baggage or Cabin Baggage, please present the Baggage at the arrival airport. 16.3 Clothing damage Any incident involving Damage to your clothing worn or taken into the aircraft cabin must be immediately reported to our cabin crew. 16.4 Limitation of claims Unless otherwise required by law or your right to claim for Damages has expired earlier as provided elsewhere in these Conditions of Carriage, you will have no right to claim for Damages if court proceedings are not brought within two years from: the date of your arrival at your destination, the date the aircraft should have arrived, or the date on which your carriage stopped. The method of calculating the period of limitation will be determined by the law of the court where the case is heard. 17. GENERAL We are not liable for any Damage arising from our compliance with any laws or government regulations or your failure to comply with the same. These Conditions of Carriage (including any exclusion or limitation of liability) apply to and are for the benefit of our Authorised Agents, employees and representatives and agents to the same extent as they apply to us. The total amount that you can recover from us, our Authorised Agents, employees, representatives and agents will not be more than the total amount of our liability, if any. Except where these Conditions of Carriage provide otherwise, our liability, if any, is limited to proven direct compensatory Damages. Nothing in these Conditions of Carriage: except where we say otherwise, gives up any exclusion or limitation of liability to which we are entitled under any laws which may apply, or gives up any defence available to us under any laws which apply including against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger. To the extent permitted by law, Jetstar excludes all liability for any costs, expenses, losses or Damages whatsoever that may arise in any way in connection with the carriage. Despite any translation of these Conditions of Carriage into another language, the English version of these Conditions of Carriage will prevail. NSW National Parks and Wildlife Service Terms and conditions for campgrounds and accommodation The use of the term “Property” refers to the campground or accommodation you are booking. All customers and guests are required to comply with all applicable legislation while on lands managed by NSW National Parks and Wildlife Service (NPWS), including the National Parks & Wildlife Act 1974 and the National Parks and Wildlife Regulation 2009. NPWS reserves the right to make amendments to these terms and conditions from time to time. You will be notified if you hold a future booking, which may be affected by these amendments. NPWS reserves the right to alter pricing at any time. Unless notified otherwise, reservation charges and cancellation terms will apply as sold at the time of booking. Terms of use Property use Use of the Property is for short term holiday stays. Any other proposed use of the Property, such as for an event or commercial purpose, or a proposed transfer of the booking, will require the prior written approval of NPWS. Please contact parks.info@environment.nsw.gov.au for further advice. Check in and check out times Check in and check out times must be adhered to. Additional charges may apply for check in or check out, other than the times specified. Unoccupied sites left vacant may only be held for 24 hours. NPWS reserves the right to use vacant sites and no refund will be provided. National park use fees The cost of your booking does not include fees such as but not limited to, vehicle entry fees and landing fees. Where fees apply, it is your responsibility to ensure you have a valid pass for the duration of your visit. Read more information on passes and fees or call the National Parks Contact Centre or the local NPWS office for the Property you are visiting. If eligible, exemption cards must be obtained prior to entering fee-collecting parks. Changes and cancellations by NPWS Unforeseen park operational issues and management obligations including but not limited to extreme weather events, fire, natural disasters may mean that the reservation cannot be provided. NPWS will try to find an alternative date that suits you. If the alternative is not acceptable to you, the reservation will be cancelled and a full refund provided, including any booking fee paid. NPWS will not be liable for any other losses you may incur as a result of this cancellation. Termination by NPWS NPWS may terminate the reservation and ask you and your guests to leave the park immediately if you or any guest or visitor at the Property during your stay: Breaches any legislation Breaches these terms and conditions Causes annoyance or nuisance to others in the vicinity of the Property; or Behaves unacceptably (including drunken or uncontrolled behaviour, offensive language, malicious or negligent use of facilities, theft or any other form of behaviour deemed inappropriate by NPWS). No refund will be provided in these circumstances. Inclement weather No refunds will be provided outside of the policy due to bad weather. If you have any concerns about whether your chosen Property has been closed, please check for alerts or call the National Parks Contact Centre. Number of guests The Property must only be occupied by the number of people specified and paid for in the reservation. Limits on the number of reservations accepted at a Property may also be enforced. In accordance with legislation, failure to comply may result in a fine. Additional occupants are subject to availability and Property limits. NPWS reserves the right to turn away occupants not identified in your reservation. No refund will be provided if a lesser number of occupants arrive to those paid for in your reservation. Unaccompanied minors and under 18 years old All guests under the age of 18 must be accompanied by a responsible adult such as a parent, step-parent, guardian or other adult who has parental rights and responsibilities for the under 18-year-old guest/s. If a customer or guest is found to be under the age of 18 and is not accompanied by a responsible adult, NPWS may immediately cancel the customer’s reservation and the full reservation amount will be forfeited to NPWS. Smoking NSW National Parks are no smoking areas. Pets Pets and domestic animals (other than certified assistance animals) are not allowed in parks. See the pets in parks policy for more information. There are some regional parks that have dog walking areas. Belongings Any monies, valuables, goods or vehicles that belong to you which are brought into the Property remain your responsibility. NPWS is not responsible for their safekeeping and will not replace damaged, lost or stolen items. Privacy Your personal information will be held and used in accordance with the OEH Privacy Management Plan and Guidelines as amended from time to time. Your responsibility You are responsible and liable for the actions of you and your guests at the Property, for the duration of the reservation. You must ensure you and all your guests comply with these terms and conditions, as well as any additional conditions specified on notices provided. You and your guests may be required to provide photo ID (including proof of age) to confirm your reservation. If you are requested to provide photo ID and you are unable or unwilling to do so, your reservation may be cancelled and no refund provided. NPWS accepts the reasonable use of the Property. We reserve the right to invoice or charge additional fees if the Property is damaged, left in an unreasonable or unsatisfactory condition, and/or Property items are broken or lost. Reservation terms and conditions The following terms and conditions apply to any reservation made for or by you on any reservation system operated by the NSW Office of Environment and Heritage (OEH) or NSW National Parks and Wildlife Service (NPWS) (ABN 30841387271). Reservations initiated through a 3rd party source may be subject to varied reservation terms and conditions. Reservation periods Customers can make reservations up to 12 months in advance and for the maximum length of stay permitted at the chosen Property. Customers wishing to make reservations for check in on the same date in 12 months’ time, can do so from 9am via the online system or by calling either the National Parks Contact Centre or the local NPWS office where applicable. Property fees and charges The Property fee will be charged in full at the time of reservation. The total fee charged will include an additional non-refundable booking fee. Changes and cancellations by you We strongly recommend you and your guests purchase comprehensive travel insurance. You and your guests should be satisfied that your chosen insurance cover fully meets your personal requirements especially in respect of inclement weather, personal injury or illness. Fees incurred due to changes to your reservation will be payable at the time of the change. Where changes result in a reduction of fees (excluding those identified as a result of a special offer), a percentage refund may be provided subject to the following cancellation policy terms and timeframes. Cancellations by you A 75% refund (with the exception of the booking fee) will be made if you cancel any part of the reservation 31 days or more prior to the first day of the reservation. A 50% refund (with the exception of the booking fee) will be made if you cancel any part of the reservation 15 to 30 days prior to the first day of the reservation. No refund will be made if you cancel any part of the reservation less than 14 days prior to the first day of the reservation or any time after. That is: 0 to 14 days: No refund 15 to 30 days: 50% refund (less booking fee) 31 or more days: 75% refund (less booking fee) All booking fees are non-refundable. Changes to dates (transfers) by you Date changes are not permitted for stays between 1 December to 31 January, each calendar year At all other times, customers are entitled to transfer the dates of the original reservation once. Any subsequent transfer requested by you will be treated as cancellation The maximum refund available on any transferred reservation should it subsequently be cancelled is 50% If eligible, reservations can be transferred to any date within 365 days of the date the transfer is requested (subject to availability). All terms and conditions still apply, transfer terms are as follows: 0 to 14 days prior to the first day of the reservation: no transfer is permitted. 15 or more days prior to the first day of the reservation: one transfer is permitted Customers must choose a date when transferring the reservation. If an alternate date is not known, the reservation will be cancelled as per the above cancellation terms. Reservations must be transferred in their entirety. Dates cannot be split into multiple reservations. Any unused portion of the original reservation will be forfeited. Reservations cannot be transferred between properties. Big W Photos Terms & Conditions Welcome to the BIG W Photos internet service (“Service“) provided to you by FUJIFILM Australia Pty Ltd, ABN 80 000 064 433 of 114 Old Pittwater Road, Brookvale, New South Wales, Australia. When you register as a member of the Service, you agree to be bound by the Terms and Conditions of the Service which are set out below. These Terms and Conditions may be updated or changed from time to time and you should therefore check them periodically. Please read these Terms and Conditions carefully. You must comply with these Terms and Conditions to use the Service. By entering and using the Service, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and FUJIFILM Australia Pty Ltd that you will comply with the Terms and Conditions and use the Service only in a manner consistent with these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access this Service or use any of its services. 1. Becoming a Member You will become a member of the Service once you have entered your name, your chosen password, your email address (which must be a genuine email address) and you have received from us by email, confirmation of your membership. Once you are a member of the Service we will enable you to use all of the photo services described on this site for members. We only permit one membership for each genuine email address. Your email address (as last notified by you to us) will be used for sending you all notices. 2. Your Password and Account You are responsible for maintaining the confidentiality of your password and account details. If you have forgotten your password you may click the link on the home page and we will email your password to you. We will keep you informed of the status of your account during your membership via your email. 3. Termination of Membership We reserve the right to terminate by notice the membership of any member where stated in these Terms and Conditions. Unless otherwise stated, we will give a member at least 2 days’ notice that we are terminating that member’s membership. If a provision of these Terms and Conditions does not specifically give us the right to terminate by notice the membership of any member who breaches that provision and a member breaches that provision, then we reserve the right to terminate by notice the membership of that member if they do not comply with our reasonable instructions to remedy the breach. Following the failure of that member to comply with our reasonable instructions to remedy the breach, we will give that member at least 2 days’ notice that we are terminating that member’s membership. That termination of membership will take effect at the end of that 2 day period. You may terminate your membership at any time by emailing or telephoning a request to do so to our customer service support team at Contact Us If membership is terminated, the member will no longer be able to access the Service and we will remove the member’s materials from the Service. We are not responsible for any loss of data resulting from removal of or deletion of materials. If we terminate membership we may at our discretion fulfil or cancel any order accepted by us prior to the date of termination. If we cancel an order we will refund any amount already paid. 4. Your Copyright Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to the Service. We reserve the right to terminate your membership for breach upon giving notice to you if this representation and warranty is incorrect. We claim no ownership rights in any images or photographs submitted to the Service. Solely for the purpose of enabling your images or photographs to be uploaded and made available on the Service and to fulfill print orders made for your images and photographs you grant to us and to any photofinishing store or other third party engaged by us to produce the products (including fulfilling print orders of your images or photographs), a perpetual worldwide non-exclusive transferable royalty-free copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute your images or photographs. You acknowledge that we have no control over the use of your images or photographs by any third party and shall not be held liable for any use, publication or copying of your images and photographs by any third party. You waive all rights of action or other claims you may have against us in respect of any such use, publication or copying by a third party. A third party is a person other than our Employees, Agents and Contractors used in providing the Service or production of the products. COPYRIGHT CLAIMS We respect the intellectual property rights of others. In the event that we receive a written complaint alleging copyright infringement by a member, we will refer the complaint to the member concerned. It is the member’s responsibility to resolve any such complaint. Should the member not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date on which the matter was referred to the member (the “Referral Date“), we reserve the right, in our absolute discretion, to suspend the membership until such time as the matter is resolved. If we have not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate the member’s membership for breach immediately upon giving notice to that member. Nothing contained in this paragraph however will restrict our right to terminate the membership of a member under the first paragraph of this clause 4 due to a breach by that member of their warranty and representation that they are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which they submit to the Service. 5. Intellectual Property Rights Any trade marks, trade names or logos displayed on this site are the property of their respective owners and must not be used in any manner without the prior written consent of the owner. You should assume that all of the content made available to you through this Service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights. We reserve the right to terminate your membership upon giving notice to you if you breach this clause 5. 6. Altering Terms and Conditions We reserve the right to change these Terms and Conditions at any time. Notice of changes to these Terms and Conditions and their effective date will be published in the Terms and Conditions section that may be accessed from the homepage of the Big W Photos website www.bigwphotos.com.au. We recommend you check that section of the website for changes each time you use the Service and before placing any order. The changed Terms and Conditions will apply to the Service and any order you place from the effective date of the change. If you do not agree with a change to these Terms and Conditions you may terminate your membership at any time as set out in clause 3. We are not responsible for any costs incurred by a member as a consequence of these Terms and Conditions changing. Should we choose to provide you with notice of alterations to these Terms and Conditions, you hereby agree to receive from us email notification of the alterations. We do not promise that we will provide you with email notice of any change. 7. Materials and Content Not Permitted on this Service Any image or photograph submitted by you to the Service is subject to our review. We reserve the right at our sole and absolute discretion to refuse to display and to remove images or photographs from the Service deemed to be objectionable by us or considered by us contrary to applicable laws. Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by us to law enforcement authorities if in our sole judgment such images are in violation of applicable laws. Without limiting the above in any way, you are not permitted to post, upload, email or transmit or request the uploading by any store to the Service any image or photograph the content of which:- is, or we believe is offensive, personally offensive, defamatory, abusive, obscene, upsetting, menacing, threatening, harassing, pornographic, of an adult or sexual nature or, in any way unsuitable for persons under the age of 18 years; is illegal under any law or regulation at any place where images or photographs are posted or uploaded from and / or viewed, and / or received, or infringes any industry code of conduct; is copyrighted content or material that is used without the express permission of the owner or which infringes the intellectual property rights of any person; or in our opinion reflects badly on the Service. Further, you are not permitted to use the Service:- to engage in any activities in such a manner as to expose us, or any other third person who is involved in making the Service available to you, to liability or adversely affecting the name, reputation or business or us or any such third person; to do any act that may damage or interfere with the Service network or systems or cause the quality of the Service to be impaired; or to commit a crime or in the course of committing a crime or for an unlawful purpose to do any act that may damage the network or systems or cause the quality of the Service to be impaired. We reserve the right to terminate your membership for breach upon giving notice to you if you: submit to the Service any image or photograph that we deem to be to be objectionable or contrary to applicable laws; or use the Service in a manner not permitted by this clause 7. 8. Liability You may have rights and remedies under the Australian Consumer Law and similar laws in relation to the supply of the Service and the products. This clause 8 is subject to and does not exclude or limit any of those rights or remedies. Your accessing or use of the Service is at your own risk. You should take appropriate steps to back up materials submitted by you to the Service and to protect your computer against any damage that could result from your access to or use of the Service. The Service may not be error free or uninterrupted. We do not give any commitment in relation to the security, reliability, timeliness or performance of the Service. Neither we nor any of our Employees, Agents and Contractors involved in the creation, provision or maintenance of this Service or production of the products will be responsible for interruption of the Service, linkage to any third party sites, damage to your computer, damage to other property or loss of data resulting from your access to or use of this Service. To the extent permitted by law, if there is any loss, damage or mishandling of your digital image by us or our Employees, Agents and Contractors who are involved in the creation, provision or maintenance of this Service or production of the products (even where due to negligence or other fault by us or those Employees, Agents and Contractors) or if unauthorised access is gained or misuse of an image is made by any third party to the extent permitted by law our liability is limited, at our option, to uploading your materials to the Service, reprinting an image for you or refund of any money paid by you to us. Except as expressly provided in these Terms and Conditions and to the fullest extent allowed by the law neither we, nor any of our Employees or our Agents and Contractors who are involved in the creation, provision or maintenance of this Service or production of the products are liable for any loss or damages of any kind arising out of your access to or use of this Service. 9. Governing Law This agreement shall be governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of New South Wales, Australia. 10. Severability If any court of competent jurisdiction finds any provision or part thereof of this agreement to be illegal, invalid or unenforceable that provision or part thereof shall be severed from this agreement and the remaining terms and provisions of this agreement shall remain in force and constitute the agreement between us. 11. Entire Agreement These Terms and Conditions together with: the Big W Photos’ Returns and Refunds Process (a copy of which is available here ) and which is incorporated here by reference; and the Big W Photos’ Privacy Policy (a copy of which is available here ) and which is incorporated here by reference. constitute the entire agreement between you and us with respect to the use of the Service, the ordering of products by you through this Service and the production and delivery of those products in fulfillment of those orders. 12. Waiver The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision. 13. Delivery You should allow 10 working days for your order to be shipped to your requested delivery address by mail or store for pick-up. To the extent permitted by law we do not accept responsibility for Australia Post or other third party delivery delay or error. Please refer to item 8 Liability. 14. Returns If any product ordered by you through this Service arrives damaged, is not of acceptable quality or a problem has occurred in the production of your order you may have: rights under our Returns and Refunds Process; and additional legal rights and remedies in Australia under the Australian Consumer Law and other laws. Nothing contained in our Returns and Refunds Process is intended to exclude or limit those rights and remedies. Our Returns and Refunds Process contains details of how to contact us to address a possible claim and to sort out arrangements for the possible return of the product that is the subject of a claim. Please view our Returns and Refunds Process on this Service. 15. Privacy The privacy of your personal information is important to us. Please view our Privacy Policy, FUJIFILM Australia and Your Right to Privacy, at this Site. Should you have any questions concerning privacy, please see our Privacy Policy or contact our Privacy Officer at 02 9466 2600 or email at privacy@fujifilm.com.au. We and our Agents and Contractors who fulfil your orders for products from this Service, may collect your personal information, including your name, address, billing and delivery information, email address, gift recipient information and credit card details. We and the Agents and Contractors mentioned above, will use this information to provide the service requested by you; process, fulfil and follow up on your orders or queries and create and maintain your account. We, and the Agents and Contractors mentioned above may use this information to provide you with information on your account and the products or services you purchased from this Service. We may also send you promotional information and/or special offers about products and services offered on this Service which we think may be of interest to you, unless you indicate that you do not wish to receive such promotional information. We will pass your personal information (name, address and email address only) to Woolworths Limited trading as BIG W, ABN 88 000 014 675 of 1 Woolworths Way, Bella Vista, New South Wales, Australia 2153. You consent to Woolworths Limited using your personal information for the purpose of any issues relating to the Service requested by you. You also consent to Woolworths Limited using your personal information for the purpose of marketing products and services to you as well as to assist in planning, developing and researching product and service offerings involving the Woolworths Limited group, unless you indicate that you do not wish Woolworths Limited to use your personal information for this purpose. Woolworths Limited trading as BIG W complies with the Commonwealth Privacy Act 1988 and will only use your personal information in accordance with its privacy policy which may be located at www.bigw.com.au. 16. Definitions In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:- “Agents and Contractors” means any agents, contractors and sub-contractors of FUJIFILM Australia Pty Ltd; “Employees” means any employees, directors and officers of FUJIFILM Australia Pty Ltd; “we” or “us” or “our” means FUJIFILM Australia Pty Ltd. 17. Photo Storage The Service’s photo storage facility is known as My Photos. When you become a member of this Service you receive free storage of images for your photo albums for 12 months’ from the date of activation. Thereafter, a member will maintain free storage for their albums provided that a verified print order is made at least once every 12 months either by the member themselves or by someone with whom the member has shared their albums. From the date each verified order is received, the membership will be credited with free storage for the following 12 months i.e., the 12 months free storage period re-starts with each print order. The maximum period of free storage at any point in time is 12 months. At the end of the free storage period we may, without further notice to you, remove and/or delete your photo albums. We are not responsible for any loss of data resulting from removal and/or deletion of materials. Ben Boyd NP General Policy - All Types Terms and Conditions Full terms and conditions must be reviewed during the booking process. You will be asked to accept these conditions prior to full payment of your reservation. Bookings will be confirmed automatically, you will receive additional information within 24 hours Please contact the National Parks Contact Centre on 13000 PARKS (13000 72757) if you have not received your booking confirmation, or to request a change to your site number, subject to T&C. All requests are subject to availability. Number of Sites per Booking A maximum of 3 sites may be reserved per family. Each site will need to be processed individually if booking online. Alternatively please call the National Parks Contact Centre on 13000 PARKS (13000 72757) and an operator will process your reservation. Transfers during December & January Date transfers will not be permitted for bookings during December & January. Park Entrance Fees Park entry fees for this park are not included in your camping fees. Daily fees are payable through self-registration envelopes (cash only) at the campground. Annual passes can also be purchased online prior to arrival at http://www.nationalparks.nsw.gov.au/passes-and-fees/annual-passes Park Closures and Alerts For current updates on fire, floods, all national parks and reserves closures, please visit www.nationalparks.nsw.gov.au/alert/state-alerts APPLE INC. SOFTWARE LICENSE AGREEMENT FOR macOS High Sierra For use on Apple-branded Systems PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, 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 INSTALL AND/OR USE THE APPLE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE APPLE SOFTWARE AS PART OF AN APPLE HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE APPLE HARDWARE/SOFTWARE PACKAGE 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/. YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 1. General. A. The Apple software (including Boot ROM code), any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Apple-branded hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple 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 application software product that may be preinstalled on your Apple-branded hardware, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product. B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. C. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs 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. 2. Permitted License Uses and Restrictions. A. Preinstalled and Single-Copy Apple Software License. Subject to the terms and conditions of this License, unless you obtained the Apple Software from the Mac App Store, through an automatic download or under a volume license, maintenance or other written agreement from Apple, you are granted a limited, non-exclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time. For example, these single-copy license terms apply to you if you obtained the Apple Software preinstalled on Apple-branded hardware. B. Mac App Store License. If you obtained a license for the Apple Software from the Mac App Store or through an automatic download, then subject to the terms and conditions of this License and as permitted by the Services and Content Usage Rules set forth in the Apple Media Services Terms and Conditions (http://www.apple.com/legal/internet-services/itunes/ww/) (“Usage Rules”), you are granted a limited, non-transferable, non-exclusive license: (i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running macOS Sierra, OS X El Capitan, OS X Yosemite, OS X Mavericks, OS X Mountain Lion or OS X Lion (“Mac Computer”) that you own or control; (ii) If you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use either: (a) by a single individual on each of the Mac Computer(s) that you own or control, or (b) by multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use the Apple Software on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use the Apple Software on a single Mac Computer located at a resource center or library; and (iii) to install, use and run up to two (2) additional copies or instances of the Apple Software within virtual operating system environments on each Mac Computer you own or control that is already running the Apple Software, for purposes of: (a) software development; (b) testing during software development; (c) using macOS Server; or (d) personal, non-commercial use. The grant set forth in Section 2B(iii) above does not permit you to use the virtualized copies or instances of the Apple Software in connection with service bureau, time-sharing, terminal sharing or other similar types of services. C. Volume or Maintenance License. If you obtained the Apple Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the Apple Software you are permitted to download, install, use and run on Apple-branded computers you own or control. Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the Apple Software obtained under a volume or maintenance license. D. System Requirements; Apple ID. Please note that the Apple Software is supported on only Apple-branded hardware that meets specified system requirements as indicated by Apple. In addition, use of and access to certain features of the Apple Software and certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination, known as an Apple ID. E. Fonts. Subject to the terms and conditions of this License, you may use the fonts included with the Apple Software to display and print content while running the Apple Software; however, you may only embed fonts in content if that is permitted by the embedding restrictions accompanying the font in question. These embedding restrictions can be found in the Font Book/Preview/Show Font Info panel. F. Voices. Subject to the terms and conditions of this License, you may use the system voices included in the Apple Software (“System Voices”) (i) while running the Apple Software and (ii) to create your own original content and projects for your personal, non-commercial use. No other use of the System Voices is permitted by this License, including but not limited to the use, reproduction, display, performance, recording, publishing or redistribution of any of the System Voices in a profit, non-profit, public sharing or commercial context. G. Photos App Features and Support. The Photos application of the Apple Software (“Photos App”) may not support some video and photo formats. Use of some features of the Photos App will depend on the features of your camera. Synchronizing photos with the Photos App and any Apple or third party services may result in loss of data. The slideshow graphics, music and themes included with the Photos App are only for personal, non-commercial use in slideshows you create using the Photos App. You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Photos App, or otherwise use the Digital Materials outside the context of its intended use as part of the Photos App. Printing from Apple Print Services is subject to the Print Services terms and conditions located at: http://www.apple.com/internetservices/terms/membership_terms.html. Apple Print services may not be available for all areas. Please check the preferences and consult the user documentation for the Apple Software for more information. H. Content Caching Features. 1.  To the extent that Apple and/or its affiliates make particular software and/or content available for caching (e.g., applicable content from the Mac App Store) (“Apple Eligible Content”), certain features of the Apple Software (the “Content Caching Features”) may automatically download and locally cache such Apple Eligible Content on your Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Caching Enabled Mac”).  By using the Content Caching Features of the Apple Software, you agree that Apple may download and cache such Apple Eligible Content on your Caching Enabled Mac.  You can turn off the Content Caching Features of the Apple Software at any time by going to Sharing under System Preferences on your Caching Enabled Mac. 2.  The Content Caching Features of the Apple Software are for use only on a Caching Enabled Mac you own or control and solely for purposes of expediting the delivery of such Apple Eligible Content to authorized end users within your home, company or organization.  You understand that such users may need to separately authenticate with Apple prior to receiving the Apple Eligible Content and that the expedited delivery of Apple Eligible Content through the use of your Caching Enabled Mac will not modify the terms under which you or your end users receive such Apple Eligible Content.  3.  You acknowledge and agree that all use of the Apple Eligible Content is subject to the applicable license terms that govern the type of Apple Eligible Content being cached.  These terms may include, but are not limited to, the Apple Media Services Terms and Conditions, the iCloud Terms and Conditions, the iTunes U Instructor Agreement, the iTunes U Software License Agreement, and/or the applicable licensing terms that accompanied the software being downloaded, unless the download was accompanied by its own separate license agreement in which case the latter would apply.  A list of Apple Software License Agreements (SLAs) may be found here: http://www.apple.com/legal/sla/.  You acknowledge and agree that the use of the Content Caching Features and storage of Apple Eligible Content on your Caching Enabled Mac does not transfer to you any rights beyond those granted to you in the applicable license terms for the Apple Eligible Content and shall not constitute a grant, waiver, or other limitation of any rights of Apple or any other copyright owners in any Apple Eligible Content. 4.  You are not authorized to deploy your Caching Enabled Mac with the Content Caching Features enabled on a network you do not own or control (or which you are not legally authorized to use for such purposes), or to permit access to such Apple Eligible Content from end users outside of your home, company or organization.  You agree to only use the Content Caching Features for your own personal, non-commercial use or for internal use within your company or organization, and only as expressly permitted herein.  You may not provide a service to third parties that integrates with or leverages services or information provided by the Content Caching Features or uses the Content Caching Features in any way. 5.  By enabling the Content Caching Features of the Apple Software, you agree that Apple may store, monitor, and secure the Apple Eligible Content on your Caching Enabled Mac, and may collect and use technical information about your Caching Enabled Mac and related networks, including but not limited to, hardware identifiers and IP addresses, for such purposes.  You agree not to disable, disrupt, hack, circumvent, or otherwise interfere with Apple’s verification, storage or authentication mechanisms, digital signing, digital rights management, or other security mechanisms implemented in or by the Apple Software, services, the Apple Eligible Content, or other Apple software or technology, or to enable others to do so.   6.  Apple reserves the right to stop making Apple Eligible Content available for caching on your Caching Enabled Mac (e.g., some content that you may have previously cached may not be available for subsequent caching) and to remove any cached Apple Eligible Content from your Caching Enabled Macs at any time in its sole discretion, and Apple shall have no liability to you in such event.  You understand that such caching of Apple Eligible Content may not be available in all countries or regions.  You may remove the cached Apple Eligible Content and disable the Content Caching Features at any time. I. Remote Desktop Connections.  Subject to the terms and conditions of this License, when remotely connecting from another computer or electronic device (each a “Device”) to an Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Home Mac”), whether through the Screen Sharing feature or through any other means: (i) only one (1) Device may remotely connect at any one time, whether directly or indirectly, to control the graphical desktop session of the Apple Software that is running and being displayed on the Home Mac; and (ii) a reasonable number of Devices may remotely connect at the same time for the sole purpose of simultaneously observing the same graphical desktop session of the Apple Software that is running and being displayed on the Home Mac, as long as they do not control the Apple Software in any way; but (iii) only one (1) Apple-branded Device may remotely connect at any one time, whether directly or indirectly, to control a separate graphical desktop session of the Apple Software that is different from the one running and being displayed on the Home Mac, and such connection may only be made through the Screen Sharing feature of the Apple Software. Except as expressly permitted in this Section 2I, or except as otherwise licensed by Apple, you agree not to use the Apple Software, or any of its functionality, in connection with service bureau, time-sharing, terminal sharing or other similar types of services, whether such services are being provided within your own organization or to third parties. J. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise permitted by the terms of this License or otherwise licensed by Apple: (i) only one user may use the Apple Software at a time, and (ii) you may not make the Apple Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. K. Backup Copy. You may make one copy of the Apple Software (excluding the Boot ROM code and other Apple firmware that is embedded or otherwise contained in Apple-branded hardware) 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. Apple Boot ROM code and firmware is provided only for use on Apple-branded hardware and you may not copy, modify or redistribute the Apple Boot ROM code or firmware, or any portions thereof. L. Migration of Existing Software. If you use Setup/Migration Assistant to transfer software from one Apple-branded computer to another Apple-branded computer, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. You should check the relevant software license agreements for applicable terms and conditions. Third party software and services may not be compatible with this Apple Software and installation of this Apple Software may affect the availability and usability of such third party software or services. M. Open Source. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on Apple-branded computers you own or control, as long as each such Apple computer has a properly licensed copy of the Apple Software on it; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Apple Software. You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open-Sourced Components of the Apple Software, such failure or damage is excluded from the terms of the Apple hardware warranty. N. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple 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-Sourced Components that may be included with the Apple Software). O. Compliance with Laws. You agree to use the Apple 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 Apple Software and Services. Features of the Apple Software and the Services may not be available in all languages or regions and some features may vary by region. An Internet connection is required for some features of the Apple Software and Services. P. Third Party Software. Apple has provided as part of the Apple Software package, and may provide as an upgrade, update or supplement to the Apple Software, access to certain third party software or services as a convenience. To the extent that the Apple Software contains or provides access to any third party software or services, Apple has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products. Q. Automatic Updates. The Apple Software will periodically check with Apple for updates to the Apple Software. If an update is available, the update may automatically download and install onto your computer and, if applicable, your peripheral devices. By using the Apple Software, you agree that Apple may download and install automatic updates onto your computer and your peripheral devices. You can turn off automatic updates altogether at any time by changing the automatic updates settings found within System Preferences. 3. Transfer. A. If you obtained the Apple Software preinstalled on Apple-branded hardware, you may make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (i) the Apple Software is transferred together with your Apple-branded hardware; (ii) the transfer must include all of the Apple Software, including all its component parts and this License; (iii) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (iv) the party receiving the Apple Software accepts the terms and conditions of this License. For purposes of this License, if Apple provides an update (e.g., version 10.13 to 10.13.1) to the Apple Software, the update is considered part of the Apple Software and may not be transferred separately from the pre-update version of the Apple Software. B. If you obtained your license to the Apple Software from the Mac App Store or through an automatic download, it is not transferable. If you sell your Apple-branded hardware to a third party, you must remove the Apple Software from the Apple-branded hardware before doing so, and you may restore your system to the version of the Apple operating system software that originally came with your Apple hardware (the “Original Apple OS”) and permanently transfer the Original Apple OS together with your Apple hardware, provided that: (i) the transfer must include all of the Original Apple OS, including all its component parts and its license; (ii) you do not retain any copies of the Original Apple OS, full or partial, including copies stored on a computer or other storage device; and (iii) the party receiving the Original Apple OS reads and agrees to accept the terms and conditions of the Original Apple OS license. C. You may not transfer any Apple Software that has been modified or replaced under Section 2M above. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that the Apple Software provided with a particular Apple-branded hardware product might not run on other models of Apple-branded hardware. D. Any copy of the Apple Software that may be provided by Apple for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred. 4. Consent to Use of Data. When you use the various communication features of the Apple Software, such as iMessage and FaceTime, with your computer, the Apple ID information you provide, your email address(es), certain unique identifiers for your computer and your iPhone’s telephone number are sent to Apple in order to allow others to reach you.  When you use iMessage, Apple may hold your messages in encrypted form for a limited period of time in order to ensure their delivery. You may turn off FaceTime or iMessage by going to the FaceTime or Messages preferences on your Mac. Certain features like Analytics, Location Services, Siri, Dictation and Spotlight may require information from your computer to provide their respective functions. When you turn on or use these features, details will be provided regarding what information is sent to Apple and how the information may be used.  You can learn more 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. General. The Apple Software may enable access to Apple’s iTunes Store, Mac App Store, Game Center, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, “Services”). 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 iTunes Store account, Apple ID, Game Center account, iCloud account or other Apple account, you agree to the applicable terms of service for that account, such as the latest Apple Media Services Terms and Conditions 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 Drive”, “My Photo Stream”, “iCloud Photo Sharing” and “Find My Mac” may be accessed directly from the Apple 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. Maps. The maps service and features of the Apple Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as traffic and local search, various location-related and usage information may be sent to Apple, including the real-time geographic location of your computer, 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. Apple may also provide such information, in either an aggregated or non personally identifiable form, to its partners and licensees to help improve their map and location-based products and services. You may disable the location-based functionality of Maps by going to the Location Services setting on your computer and turning off the individual location setting for Maps. Certain Maps features will, however, be unavailable if you disable the Location Services setting. D. 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 shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. E. 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. F. 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, 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. G. 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, and that you will not use such proprietary content, information or materials in any way whatsoever except 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. H. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Apple Software are not available in all languages or in all countries. 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 or 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. 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 Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 9, 10, 12 and 13 of this License shall survive any such termination. 7. Disclaimer of Warranties. A. If you are a customer who is a consumer (someone who uses the Apple 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. B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE 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 APPLE 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. D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES. E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE 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 APPLE 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. F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE 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 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 OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE 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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Digital Certificates. The Apple 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. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorized user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your certificates that you have reason to believe have been compromised. Apple’s Certificate Policy and Certificate Practice Statements may be found at: http://www.apple.com/certificateauthority. 10. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple 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 Apple 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 Apple 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 Apple 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 use of the Apple 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. A. Portions of the Apple Software 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 Apple 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 (https://www.google.com/intl/en/policies/terms/) and to Google’s Privacy Policy (https://www.google.com/intl/en/policies/privacy/). B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple at opensource@apple.com. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software. C. Use of MPEG-4. This product 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. This product 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. D. H.264/AVC Notice. To the extent that the Apple 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 THIS PRODUCT 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. E. AMR Notice. The Adaptive Multi-Rate (“AMR”) encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network. F. FAA Notice. Aircraft Situation Display and National Airspace System Status Information data (collectively “Flight Data”) displayed through the Apple Software is generated by the Federal Aviation Administration. You agree not to redistribute Flight Data without the prior written consent of the FAA. The FAA and Apple disclaim all warranties, expressed or implied (including the implied warranties of merchantability and fitness for a particular purpose), regarding the use and accuracy of the Flight Data. You agree that the FAA and Apple shall not be liable, either collectively or individually, for any loss, damage, claim, liability, expense, or penalty, or for any indirect, special, secondary, incidental, or consequential damages deriving from the use of the Flight Data. The Apple Software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or regarding operational traffic flow issues. G. Use of Adobe Color Profiles. You may use the Adobe Color Profile software included with the Apple Software pursuant to this License, but Adobe is under no obligation to provide any support for the Color Profiles hereunder, including upgrades or future versions of the Profiles or other items. In addition to the provisions of Sections 7 and 8 above, IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER. The Adobe Color Profile software distributed with the Apple Software is also available for download from Adobe at http://www.adobe.com. 15. 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. EA1490 Rev. 7/28/2017 ------------------------ Apple Pay Supplemental Terms and Conditions These Apple Pay Supplemental Terms and Conditions (the “Supplemental Terms”) supplement the Software License Agreement for macOS (the “License”); both the terms of the License and these Supplemental Terms govern your use of the Apple Pay feature, which shall be deemed a “Service” under the License.  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, debit and prepaid cards, including store credit, debit and prepaid cards, which are supported by the Apple Pay feature (“Supported Cards”) and use supported Macs to initiate or make payments within websites.  The Apple Pay features of the Apple Software may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant.  Supported Cards may change from time to time. 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 that 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 Use on Macs You can use Apple Pay on supported Macs to initiate payments on websites accessed through Safari.  This feature requires you to have a Supported Card that has been provisioned to a supported iOS device or Apple Watch (“Supported Devices”). When you check out from a website using Apple Pay, you will be required to authorize the transaction using a Supported Device. In addition to the terms set forth in these Supplemental Terms, your use of Apple Pay to initiate payments on websites access through Safari is subject to the Apple Pay Supplemental Terms and Conditions applicable to your Supported Devices, the terms of which are hereby incorporated by reference and which can be accessed by going to: Settings > General > About > Legal > License from your iOS device, or About > Legal > License from the Watch app on a paired iOS device. Supported Devices may change from time to time. On a MacBook Pro with built-in Touch ID, you can set up Apple Pay by provisioning Supported Cards and using Apple Pay to make payments on websites accessed through Safari. In order to use Apple Pay on these Macs, you must have Supported Cards that are associated with an active iCloud account. Apple Pay is available only to individuals aged 13 years or older, and may be subject to additional age-based restrictions imposed by iCloud or the relevant card issuer of your Supported Cards. 3 Apple’s Relationship With You Apple does not process payments, 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 card issuer will continue to govern your use of your Supported Cards and their use in connection with Apple Pay. Similarly, your purchase of any goods or services using the Apple Pay feature will be subject to the 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 supported Mac. You agree that Apple is not a party to your cardholder or merchant agreements, nor is Apple responsible for the (a) content, accuracy or unavailability of any payment cards, commerce activities, transactions or purchases while using Apple Pay functionality; (b) issuance of credit or assessing eligibility for credit; (c) accrual or redemption of rewards or stored value under a merchant’s program; or (d) funding or reloading of prepaid cards.  For all disputes or questions about payment cards or associated commerce activity, please contact your issuer or the applicable merchant. 4 Privacy When using Apple Pay to initiate a payment transaction to be completed on a Supported Device, Apple Pay will transfer payment information in an encrypted format between your Mac and your Supported Device to complete your transaction. When using Apple Pay to make a payment transaction on a MacBook Pro with built-in Touch ID, your payment information will be provided in encrypted format to the website as part of that transaction. When adding a card to Apple Pay on a MacBook Pro with built-in Touch ID, information about your device, such as whether certain device settings are enabled and device use patterns (e.g. percent time device is in motion, approximate number of calls per week), will be sent to Apple to determine your eligibility and to prevent fraud. 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 (which can be accessed by going to Wallet & Apple Pay on your iOS device or Mac, or within the Watch app on a paired iOS device). You can learn more about how Apple protects your personal information by reviewing our Privacy Policy at www.apple.com/privacy/privacy-policy/. By using Apple Pay, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of all of the foregoing information, to provide Apple Pay functionality. 5 Security Apple Pay stores virtual representations of your Supported Cards, and you understand and acknowledge that providing your device passcode or password to a third party, or allowing a third party to add their fingerprint to use Touch ID on your Supported Device or Mac, may result in their ability to make Apple Pay payments within websites on your Mac.   You are solely responsible for maintaining the security of your devices and the applicable passcodes and passwords.  You agree that Apple does not have any responsibility if you lose or share access to your device, or if you make unauthorized modifications to macOS. If your device is lost or stolen and you have Find My iPhone or Find My Mac enabled, you can use Find iPhone or icloud.com to attempt to suspend the ability to pay with the virtual Supported 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 Supported Cards on the device. You should also contact the card issuer of your Supported 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. 6 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 CARD ISSUER, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY. Melbourne Airport Wi-Fi Access: Terms Of Use About Melbourne Airport Wi-Fi Access Welcome to a Melbourne Airport Internet Hotspot (Hotspot). Hotspots are provided to you by Australia Pacific Airports (Melbourne) Pty Ltd (ABN 62 076 999 114) (Melbourne Airport) in Terminal 2, Terminal 3 and Terminal 4 areas that are enabled with a wireless local area network. Terms governing your use of the Hotspot Access to and use of this Hotspot is subject to these Terms of Use (Terms and Conditions). This includes, as applicable, the additional terms which apply to the free and paid Wi-Fi services, which are located at the end of these Terms and Conditions. Melbourne Airport may at any time revise these Terms and Conditions. Since you are bound by these Terms and Conditions each time you access and use a Hotspot, you should carefully review these Terms and Conditions each time you do so. If you do not agree to these Terms and Conditions, you may not access or use this Hotspot. For the purposes of these Terms and Conditions, any reference to "you" or "your" includes but is not limited to the owner and authorised user of the wireless enabled device used to access this Hotspot. Connecting to the Hotspot Each Hotspot location can only support a limited number of users accessing the Hotspot at any one time. Melbourne Airport does not warrant or represent that you will be able to access and/or use the Hotspot immediately or each time you visit a Hotspot. You are responsible for providing your own computer or mobile device (which must be a wireless enabled device) that is capable of accessing a Hotspot with its own power source. Melbourne Airport does not provide power, information technology advice or assistance to any user of the Hotspot. You must not use the Hotspot under any circumstances if you do not have express permission of the lawful owner of the wireless enabled device. Melbourne Airport does not guarantee that the Hotspot will be compatible with any devices or software which you may use to connect to the Hotspot. Speed and Reliability of the Hotspot The speed and throughput of each Hotspot will vary depending on a number of factors, including but not limited to: The capabilities of your wireless enabled device; the physical location of the wireless access points within Melbourne Airport; Hotspot user traffic during time of access, general internet congestion, wireless signal interference and the location of your wireless enabled device within Melbourne Airport whilst accessing the Hotspot. Melbourne Airport will use reasonable endeavours to provide you with a reliable, stable and secure access to the Hotspot but, subject to the Statutory Guarantees referred to below, does not promise that the access to the Hotspot will be continuous, fault-free, secure or accessible. Melbourne Airport advises that this Hotspot access is not suitable for supporting any application or use which requires continuous, fault-free network connectivity or uninterrupted data traffic flow. Melbourne Airport will use reasonable endeavours to monitor and attend to any Hotspot faults, malfunctions or other problems associated with the Hotspot access but, subject to the Statutory Guarantees, will not be liable if such faults, malfunctions or problems occur with the Hotspot and shall not be obligated to rectify any such faults, malfunctions or problems associated with the Hotspot at all or within any specified timeframe. User Obligations and Limitations The Hotspot is intended to be used in a fair and "community-minded" manner. To this end, Melbourne Airport may, in its absolute and sole discretion, limit or block certain websites and/or content that you may seek to access whilst using the Hotspot. Without limiting its rights, Melbourne Airport may block or limit access to websites and/or content that Melbourne Airport considers are not "family friendly" or may bring negative exposure or harm to Melbourne Airport's reputation and/or brand. This includes but is not limited to websites and/or content that: * could cause Melbourne Airport to be in breach of any law or any code or instrument which governs its conduct or to incur a liability to any third person or entity; * could interfere with the integrity and/or performance of the Hotspot or any of Melbourne Airport's other networks or equipment; * depicts, alludes to or promotes offensive or illegal behaviour; * is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; * harasses or advocates harassment of another person; * exploits people in a sexual or violent manner; * contains nudity, violence, or offensive subject matter or which may contain links to adult websites; * promotes conduct that is abusive, threatening, obscene, defamatory or libelous; * promotes an illegal or unauthorised copy of another person's copyrighted work (including but not limited to file sharing applications such as Limewire, eDonkey, Napster or any other Bit-Torrent or peer to peer applications); * involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming"; * furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; * contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or * uses sexually suggestive imagery or any other inappropriate, misleading or deceptive content. You must comply with all directions issued by Melbourne Airport relating to use and access to a Hotspot. Access to and use of websites and/or content via the Hotspot is also subject to such websites and/or content passing through the firewalls, anti-virus and other managed security systems prior to the Internet pages being delivered to your wireless enabled device, and which are determined and set in Melbourne Airport’s sole discretion. Suspension and Termination We may immediately suspend, terminate or limit your access to the Hotspot if: * you are in breach of these Terms and Conditions; * you attempt to manipulate or bypass any limitations of the Hotspot by any means; * you behave in a vexatious, illegal, inappropriate, or unsociable manner (whether in Melbourne Airport itself or as a user of the Hotspot); * we believe on reasonable grounds that there is a real risk of serious loss or damage to Melbourne Airport or a third party if we do not suspend, terminate or limit your access; * there is an emergency; or * there is an unusually high use of a Hotspot. Automatic Logging Out You will automatically be logged-out of the Hotspot if your access to the Hotspot is suspended or terminated by Melbourne Airport in accordance with these Terms and Conditions. If you are in the process of downloading a file and you are automatically logged-out of the Hotspot, your partially downloaded file will not be saved or recoverable. Subject to the Statutory Guarantees, Melbourne Airport is not liable for loss of your files or data and recommends that you save your work regularly whilst using the Hotspot and/or take the necessary precautions to prevent such occurrences. Security The internet is an inherently unsecure communication medium. Whilst Melbourne Airport will use reasonable endeavours to provide secure access through this Hotspot, it cannot guarantee the security of the Hotspot at all times. You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Hotspot and you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times. Privacy Melbourne Airport is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Melbourne Airport will only collect, use, hold and disclose your personal information for the purposes of delivering the Hotspot in accordance with applicable legislation, these Terms and Conditions and Melbourne Airport's privacy policy (which can be accessed at www.melbourneairport.com.au by clicking the privacy policy link). By accepting these Terms and Conditions, you agree to Melbourne Airport collecting, holding and disclosing the following information: * the answers to any survey questions you provide in order to access the Hotspot; * information regarding your web browser type and/or operating system information as used by your wireless enabled device, in order to determine the most effective and/or customised way to display the requested webpage on your device; * Your first name, email address and postcode; * Location data at Melbourne Airport; * the IP and MAC address of the wireless enabled device that has accessed the Hotspot. Melbourne Airport is not in any way responsible for the collection, storage, disclosure or use of your personal information by any third party (including but not limited to any website that you access and/or use through the Hotspot). You are solely responsible for checking the terms of use and privacy policy of each website you visit on a case by case basis and determining whether you accept such terms of use and privacy policies. If you have any queries regarding Melbourne Airport's collection and/or use of your personal information, you may visit the www.melbourneairport.com.au and click the privacy policy link. Intellectual Property These Terms and Conditions and any pages via which you access a Hotspot may contain material which is subject to intellectual property rights, including copyright. You acknowledge and agree that Melbourne Airport either owns or licences all such intellectual property rights and that nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights to you. To the extent necessary, Melbourne Airport grants to you a non-exclusive, non-transferable and revocable licence to access and use the Hotspot and any related intellectual property rights, subject to these Terms and Conditions. Limitation of Liability Your use of a Hotspot under these Terms and Conditions may be subject to certain guarantees, warranties, terms and conditions imposed by the Australian Consumer Law set out in the Competition and Consumer Act 2010 (as may be amended from time to time) which that law expressly provides may not be excluded, restricted or modified (Statutory Guarantees). Nothing in these Terms and Conditions excludes, restricts or otherwise modifies the Statutory Guarantees. Subject to the Statutory Guarantees, your access to and use of this Hotspot is entirely at your own risk, Melbourne Airport makes no warranties or representations as to the accessibility, security, stability or reliability of this Hotspot and Melbourne Airport specifically disclaims any liability or responsibility for any Hotspot faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made using the Hotspot. Subject to the Statutory Guarantees, neither Melbourne Airport nor any other party involved in delivering the Hotspot is liable for any direct, incidental, consequential, indirect, or punitive losses or any loss of profit, revenue or data arising out of your access to, or use of, or inability to use or access, the Hotspot for any reason whatsoever, even if Melbourne Airport has been notified or advised of the possibility of such damages. Melbourne Airport assumes no responsibility, and makes no warranty or representation in relation to, and shall not be liable to you in respect of your use of any third party proprietary software. Subject to the Statutory Guarantees, Melbourne Airport assumes no responsibility, and shall not be liable for, any damage to, or viruses or other harmful code that may infect your computer or mobile device or other property on account of or in connection with your access to or use of the Hotspot. Melbourne Airport is not responsible for the content of any website accessed or used via the Hotspot. Your access to and use of any website or network connection whilst using the Hotspot is entirely at your own risk. Indemnity and Release You agree to indemnify, release and hold harmless, Melbourne Airport and its personnel, employees, agents and representatives, from and against all loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind arising from your use of a Hotspot or breach of these Terms and Conditions. FREE Wi-Fi Access The terms in this section will only apply if you are accessing a free Hotspot at Melbourne Airport. For more information about Melbourne Airport Free Wi-Fi please click here. You may utilise the Melbourne Airport free Wi-Fi service for a continuous period of up to 3 hours. After this time, you will automatically be logged-out of the Hotspot but (subject to you being able to access a Hotspot) you may log in again and begin a new session. InterCity Terms and Conditions Animals We are unable to carry animals on board our vehicles. Guide dogs and other certified service dogs are the only exception. Certified service dogs are welcome on board, subject to the terms and conditions on our special assistance page. Smoking Under the provisions of the Smoke Free Environments Act (1990), bus services are required to be smoke-free, including on-board restrooms, where provided. Smoking of any kind, including e-cigarettes or vapes, is prohibited. Passenger Ability Passengers must be able to stand unaided when boarding and disembarking the bus. Passengers who require somebody to lift them on and off the bus must arrange for this assistance at pick-up and drop-off points. For health and safety reasons, drivers are not permitted to participate in carrying of passengers. Passengers are advised that InterCity operates vehicles designed for long distance travel, and that these bus may feature steps into the bus as well as internal stairways to passenger seating areas. One Dollar Fares / Free Seats At least one $1 fare will be available on every InterCity operated service. Services operated in other liveries and carrier codes are not applicable. $1 fares are non refundable. Where applicable, "Free Seat" offers will substitute $1 fares. Find out more about getting a $1 fare. Booking Fees A booking fee of $3.99 applies to all online reservations and is non-refundable. Failure to Join services If a passenger fails to join a service, their entire booking including any connecting bus, train or ferry services will be automatically cancelled. Seats While InterCity does not allocate seats, the driver may ask you to move to another seat so that families and groups, particularly those with children, can sit together. We ask that you comply with this request. InterCity Rewards To qualify for InterCity Rewards dollars you must be a New Zealand resident. InterCity Transport Pass products (FlexiPass, TravelPass, Flexitrips, Commuter Pass) do not earn Rewards dollars, and Rewards dollars cannot be used to purchase InterCity Transport Pass products. Infants Infants must travel with an adult parent or guardian over the age of 18. For safety reasons, each adult may only accompany a maximum of one infant. Infants are free of charge if they are carried on the adult's lap (seats are not allocated to infant fares). Passengers who wish their infants to travel in a car seat or capsule must book an additional seat using a Child or Non Refundable fare. Please note that InterCity does not provide child seats and cannot guarantee buses will be equipped with seatbelts. Unaccompanied Minors A minor is deemed by InterCity Group to be someone aged 7 - 12 inclusive. A minor is deemed to be unaccompanied if they are not accompanied by a person over the age of 18 years. No child less than 7 years old may travel alone. InterCity Group will carry unaccompanied minors on InterCity and Newmans Coach Lines direct services only, provided that when purchasing the ticket all the required details were completed and the terms and conditions were agreed to. If the ticket was purchased with an agent, the person purchasing the ticket will be asked to provide required details and agree to the terms. This information will be sent to our contact centre and logged with the driver. If purchasing the ticket online, the details will be collected in the booking process and the terms must be accepted before proceeding to checkout. The information will be accessed by the contact centre and then logged with the driver. If an unccompanied minor arrives at the bus and the driver does not have a record from the contact centre, the child will not be permitted to travel unless the guardian is present to complete a form at that time. Overnight services For safety reasons, persons under 16 years cannot travel on any sector of the InterCity overnight service between Auckland & Wellington (or vice versa) unless they are accompanied by an adult over the age of 18 years. This policy applies to service numbers 6503, 6504, 6505 and 6506. Timetables Timetables published by InterCity Group (NZ) Limited (InterCity) or the operators of InterCity (together, InterCity Group) are indicative only. InterCity Group reserves the right to alter prices, timetables, routes and sightseeing stops without notice. InterCity reserves the right to operate services in non-InterCity branded vehicles. If travelling to an airport or connecting with airport services, passengers should allow at least 90 minutes between the scheduled arrival time of their bus service and their flight’s check-in time, as InterCity cannot be held responsible for missed flights resulting from delays. If a bus service is missed due to inbound flight delays, no refunds or transfers are available and a new ticket must be purchased. We recommend ensuring appropriate travel insurance to cover unforeseen events. Tickets Only the person named on the ticket is permitted to travel. Tickets may be resold if the purchaser is unable to travel. However the ticket may not be resold for more than the original purchase price and the passenger name must be changed on the reservation (amendment fees may apply). Any tickets found to have been resold for more than the original purchase price will be cancelled without notice and no refund will be provided. Transport Passes InterCity does not issue any refunds on unused hours, trips or sectors. Activation will occur when any travel reservation is made against the pass. There are no exceptions to this. Multiple passengers on a single pass: If you have more than one person on a single pass then you must travel together throughout your journey. If you intend to travel as a group and need to travel on different dates please purchase individual passes for each person travelling. A $50 admin fee will be charged if you wish to split a pass once purchased. Full individual terms and conditions please visit the relevant website: InterCity FlexiPass, InterCity TravelPass Wi-Fi Wi-Fi is available on selected services and provided free of charge. If the Wi-Fi service is unavailable no refund will be issued. InterCity Mobile App By installing and using the InterCity mobile app you agree that you have read, understood and agree to our website and mobile app Terms of Use and our Privacy Policy. The app will store your details so you don't need to log in every time. Your name and contact details will be stored by InterCity and may be used to contact you about your travel or about relevant offers. We will not share your details with any other companies. Payments made via the mobile app are preauthorised before completion. The preauthorisation hold is imposed by your bank and will be removed upon completion or after a period of 10-14 days. Access to and use of InterCity Group websites and mobile apps is not guaranteed and may be restricted or blocked without prior notice for maintenance, operational or technical reasons. You may only access and use our websites and mobile apps to view the availability of our goods and services for your personal and domestic purposes, to transact lawful and authorised business with InterCity Group, and for no other purpose. You must not use our websites or mobile apps to make an unauthorised, false or fraudulent booking and you must not take any action that could interfere with the normal operation of our websites or mobile apps. Sightseeing Tours InterCity Group (NZ) Ltd, reserves the right to alter prices and timetables and to arrange alternative transport, routes or sightseeing services without notice. A booking fee of $2.99 per transaction may apply to all reservations. InterCity tour bookings are non refundable and non transferable, and do not include hotel pickups or multilingual commentary. InterCity Group products are sold subject to the conditions of the Contract and Commercial Law Act 2017, Part 5, Subpart 1, the terms and conditions published by the carrier and conditions printed on the ticket. InterCity Group and GreatSights® are not responsible for any loss or damage resulting from the purchase or use of its products or services or the purchase or use of any third party’s products or services. No refund will be made against customer failure to report prior to departure. Claims for refunds due to circumstances beyond the control of tour operators, service supplier or customer should be submitted in writing, but no later than 30 days after the date of tour departure. Refunds must be claimed within 30 days of cancellation. It is recommended that customers adequately insure themselves against cancellation charges and the possible loss of money or personal belongings. Fuel: due to the uncertainty of fuel prices, GreatSights® reserves the rights to add a fuel surcharge to any of their tours. Tour codes are shown in brackets for booking purposes. The following Great Sights® tours are operated by third parties - GS57, GS55, GS99. Participating in any of our swimming activities can be a strenuous activity. This physical activity may increase the health & safety risk for person suffering from medical condition(s) – for example stress from sudden exposure to cold water, panic or strenuous activity can aggravate some medical conditions, and certain medical conditions such as heart disease may result in cardiac arrest. Any medical conditions that may affect your swimming ability must be recorded with the master of the vessel prior to start the activity. While every effort is made to operate the Milford Sound tour in glass roof coaches, due to servicing requirements these vehicles may not always be available. All prices are in New Zealand dollars and include 15% Goods and Services Tax. For full sightseeing tour terms and conditions please refer to the carriers: GreatSights, Gray Line, awesomeNZ.com or Fullers GreatSights. Image Use/Privacy 1. The passenger acknowledges and gives consent for InterCity Group by itself or through an agent to take photographs, audio or video recordings, or other forms of recordings that capture the passenger’s image, likeness, voice, performance or all of these (“Images”) during the course of this activity / tour. The passenger acknowledges and gives consent for InterCity Group to receive and use Images of the passenger from other. 2. InterCity Group may use Images for marketing and promoting its services. The ways in which the Images will be used for marketing purposes include, but are not limited to, incorporating the Images in print, broadcast, internet media, direct marketing channels, downloadable content and applications, and all other media, platform or technology now known or to be developed for distribution around the world. The Images may be altered, modified, changed, combined or incorporated into other works. 3. The passenger has a right to request access to the passenger’s Images and to correction of those Images to ensure they are complete and not misleading. However, the passenger acknowledges that if the Images have been incorporated into marketing materials, it may not be reasonably practicable for InterCity Group to make any changes to the Images. The passenger authorises InterCity Group to refuse the request to correction in such circumstances. Communication InterCity Group may send you an optional customer survey to the email address provided in your reservation. There is no obligation to complete this survey and you may opt out from future surveys at any time. InterCity Group may send pass customers emails containing useful information to help them manage their travel. You may opt out from future emails at any time. Right to Refuse Carriage InterCity, or any driver may at any time refuse to carry you, or remove you from any InterCity service, if: • Any of them believe in their sole discretion: - That such action is necessary for your safety, or the safety of the driver, any other passenger, luggage, or any other person; - You are under the influence of alcohol or drugs, or you are smoking, or you are behaving in a manner that is or may become dangerous, unlawful, offensive, abusive, intimidating or annoying to InterCity, a driver, any passenger or luggage, or any other person; - That such action is necessary to comply with these terms, or any applicable laws, regulations, licenses, consents or approvals; • You refuse to obey a reasonable request made by InterCity or any driver; • You cannot prove to the satisfaction of InterCity or a driver that you are the person named in the driver's log or in any other InterCity generated ticket or travel information; • You have previously committed an act of a type referred to in this section, and InterCity or any driver reasonably believes that such act may be repeated; or • InterCity has previously advised you in writing that you are not permitted to use its services. Liability InterCity Group products and services are sold subject to the Contract and Commercial Law Act 2017, Part 5, Subpart 1 and: The full terms and conditions set out on InterCity’s website (www.intercity.co.nz), and any other terms and conditions published by the actual carrier or printed on the ticket; and: Any special conditions specific to the fare type purchased. InterCity TravelPass, FlexiPass, FlexiTrip and Commuter passes, as well as train and ferry services, also carry special conditions in addition to those stated in this section. The total liability of any InterCity Group member (which includes any franchisee) or any of their contractors or agents for any cost, expense, loss or liability suffered or incurred by any passenger or other person, whether as a result of wilful default, negligence or otherwise, is limited to the lesser of: Proven direct compensatory damages (which does not include, without limitation, loss of profit, revenue, saving or business or exemplary, indirect or consequential damages); or The amount paid by the relevant passenger for the product or service. If a customer acquires or holds themselves out as acquiring InterCity Group products or services for the purposes of a business the provisions of the Consumer Guarantees Act 1993 will not apply. These terms and conditions are valid as of 31st January 2017. Expedia Rules and Restrictions We understand that sometimes plans fall through. We do not charge a cancel or change fee. When the property charges such fees in accordance with its own policies, the cost will be passed on to you. Amaroo Hotel charges the following cancellation and change fees. The room/unit type and rate selected are non-refundable. Should you change or cancel this reservation for any reason, your payment will not be refunded. No refunds will be issued for late check-in or early check-out. Stay extensions require a new reservation. Your room/unit will be guaranteed until midnight for late arrival. If you are arriving after midnight, please contact the property or Expedia.com.au so that arrangements can be made accordingly. Hotel supplier loyalty points and/or airline miles may not be awarded when booking Expedia Special Rate properties. The price shown DOES NOT include any applicable property service fees, charges for optional incidentals (such as minibar snacks or telephone calls), or regulatory surcharges. The property will assess these fees, charges, and surcharges upon check-out. This property requires that you are at least 18 to check in. Base rate is for 2 guests. Total maximum number of guests per room/unit is 2. Maximum number of adults per room/unit is 2. Maximum number of children per room/unit is 1. Maximum number of infants per room/unit is 1. This property considers guests aged 12 and under, at time of travel, to be children. This property considers guests aged 1 and under, at time of travel, to be infants. Availability of accommodation in the same property for extra guests is not guaranteed. Your credit card is charged the total cost at time of purchase. Prices and room/unit availability are not guaranteed until full payment is received. Some properties request that we wait to submit guest names until 7 days prior to check in. In such a case, your room/unit is reserved, but your name is not yet on file with the property. Unless specified otherwise, rates are quoted in Australian dollars. Expedia Website Terms of Use Website Terms of Use Last Revised on November 24, 2016 Agreement Between Customer and Expedia, Inc. Welcome to the Expedia.com.au website (the "Website"). This Website is operated by Expedia Inc., ARBN 138 063 573, a Washington corporation - of 333 108th Avenue NE, Bellevue, WA 98004, USA. This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate bookings (whether through the Website or the associated call centre) or otherwise transacting business with travel suppliers, and for no other purpose (together the “Services”). The terms "we", "us", "our", "Expedia" and "Expedia Inc." refer to Expedia, Inc., and Expedia’s affiliated companies, including Travelscape, LLC d/b/a Expedia Travel (a company incorporated and resident for all purposes in the USA whose registered office is 10190 Covington Cross Drive, Suite 300, Las Vegas, NV 89144) (together the “Expedia Companies”). The term "you" refers to any person visiting the Website and using or seeking to use any of the Services. This Website and the associated Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use" or "Agreement"). Please read these Terms of Use carefully. By accessing or using this Website, booking any reservations for travel-related products or services displayed on the Website, or contacting our call centre (“Service Centre”) representatives, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use, or book any reservations through, this Website or our Service Centre representatives. We reserve the right at any time, at our sole discretion, to replace, change or otherwise modify the Agreement without prior notice by posting the revised version of this Agreement on the Website, and your continued access or use of this Website and the Services on and from the date it is posted to the Website signifies your acceptance of the replacement, updated or modified Agreement. The information contained on this Website constitutes an invitation to treat and is not capable of acceptance by you. Any booking made or order placed by you shall be deemed to be an offer made by you to purchase the relevant travel-related products or services subject to this Agreement and any booking or carriage conditions of the relevant supplier. You acknowledge and agree that this Agreement constitutes a valid and enforceable contract that is formed outside of Australia only once payment has been processed electronically by us. We will process your payment at a location outside of Australia using secure methods. Use of Website As a condition of your use of this Website and any of the associated Services, you warrant that: (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website or any of the Services only in accordance with these Terms of Use; (iv) you will not use this Website for any purpose that is unlawful or prohibited by this Agreement; (v) you will only use the Website and the associate Services to make legitimate bookings for you or for another person for whom you are legally authorised to act; (vi) you will inform such other persons about the Terms of Use that apply to the bookings you make on their behalf, including all rules and restrictions applicable thereto; (vii) all information supplied by you on this Website or to a Service Centre representative is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorised to provide such information; (vii) if you have a Website account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. If considered necessary to protect the integrity and/or security of the Website and/or the Services, we retain the right, at our sole discretion, to deny anyone access to this Website and/or the Services we offer, at any time and for any reason including, but not limited to, for violation of these Terms of Use. Privacy Policy: Expedia believes in protecting your privacy. As a user of this Website and any associated service or facility, such as the booking engine or Service Centre, you agree and consent to Expedia using and disclosing to third parties your contact and personal information (i.e. your name, e-mail and physical or / postal address and/or other contact details) as set out in our Privacy Policy. Please click here to review our current Privacy Policy to understand our practices. Prohibited Activities The content and information on this Website (including, without limitation, price and availability information relating to travel products and services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Website, its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website. In addition, you agree not to: use this Website or its contents for any commercial purpose; use another person's name, ID or password without permission or use this Website while impersonating another person; use any device, software or routine to interfere or attempt to interfere with the proper working of this Website; make any speculative, false, or fraudulent booking or any booking in anticipation of demand; copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website including, without limitation, text, graphics, button, downloads and software without the express written permission of Expedia, except where permitted by law; access, monitor or copy any content or information on this Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission; violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; take any action that imposes, or may impose, in the discretion of Expedia, an unreasonable or disproportionately large load on our infrastructure; post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time; deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization. If your booking or account shows signs of fraud, abuse or suspicious activity, Expedia may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Expedia reserves the right to take any necessary legal action and you may be liable for monetary losses to Expedia, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Expedia Customer Service. Supplier Rules and Restrictions The information displayed on this Website concerning specific travel products and services is provided to us by the relevant travel suppliers (such as airlines or hotels) or their agents (“Third Party Suppliers”).This includes, but it not limited to, information about airfare and hotel prices, rules and availability and the description of hotels and their amenities. The Expedia Companies are not responsible for such information and we rely on the accuracy of the information supplied by the relevant Third Party Suppliers. If we become aware that the information provided by a Third Party Supplier is incorrect in any way, we reserve the right to correct any information (including, but not limited to, pricing information) and amend your booking (in consultation with you) to ensure that it reflects the correct price or otherwise complies with the correct information. Additional charges may be payable by you if you wish to proceed with the affected booking. Such charges will be advised to you at the time of consultation. Additional terms and conditions imposed by the Third Party Suppliers may also apply to your booking and purchase of travel-related products and services, and we will advise you of these additional terms and conditions where the relevant Third Party Supplier provides them to us. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any Third Party Supplier with whom you elect to deal, including, but not limited to, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant Third Party Supplier's rules and restrictions regarding availability and use of products or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some Third Party Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Third Party Supplier's rules and restrictions may result in cancellation of your booking(s), in your being denied access to the applicable travel services and/or activities, in your forfeiting any monies paid for such booking(s), and/or in our debiting your account for any costs we incur as a result of such violation. The Expedia Companies do not operate or control the travel-related products and services displayed on the Website. Nor do the Expedia Companies act as co-vendors with Third Party Suppliers with whom our customers book travel products or services. Sort Order: As travelers shopping on our site, you have many options to help you find the perfect hotel, flight, car rental, cruise or activity. The “sort” settings allow you to order search results to your preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow you to include or exclude various options to suit your travel needs. If no options are selected, we will show a range of relevant options in the search results, based on the criteria outlined below: Lodging: Our default sort order reflects the relevance of properties to your search criteria, as we want to make sure you are able to quickly and easily find the offer that is right for you. We measure relevance by taking into account factors like a property’s location, its review scores, the popularity of the property (measured by how many travelers on our sites make bookings at that property), the quality of the content provided by the property, and the competitiveness of the property’s rates and availability, all relative to other properties meeting your chosen search criteria. The compensation which a property pays us is also a factor for the relative ranking of properties with similar offers, based on the relevance factors described above. On our non-default sorts (for example, if you sort by price or by star rating), we will order properties with similar results based on the factors above. Flights: Our default sort order is based on lowest price. In cases where two flights have the same price, the shorter flight is listed first. Car Rental: Our default sort order is primarily driven by price, but we may consider other relevant factors such as popularity, customer reviews, convenience of pickup location, and car type or category. Cruise: Our default sort order is based on a number of relevant factors such as cruise line rating, ship rating, price per day, origin rating, destination rating, length of cruise, and booking window. Activities: Our default sort order is manually curated by Expedia’s destination managers familiar with each market, taking into account such factors as price, popularity, distance from hotel options, and traveler feedback. Vacation Packages: When combining several different travel products into a vacation package, we use the criteria outlined above to determine the sort order for each product. Additionally, we continually optimize our service to provide you with the best experience. Accordingly, we may test different default sort order algorithms from time to time. Fares & Prices: Expedia may offer you the opportunity to book a reservation for a combination of two one-way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes you to make changes to the other flight, you will be responsible for any fees incurred for making changes to the unaffected flight. Subject to the Note below, you acknowledge and agree that your credit or debit card will be charged by the Expedia Companies or the supplier(s) with which your booking is made (as applicable) for the total booking price of the travel services in full at the time of the booking. This is the price displayed on the Website, plus taxes and service fees (where applicable). Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. Prices and fees for some low-cost flights originating overseas, or additional baggage fees for certain airlines, may be in another currency (e.g. EUR), for which we will provide an estimate for in the default currency of this Website, or selected preferred currency (if applicable). The actual amount charged by the low-cost carrier may slightly differ due to varying exchange rates applied by different card issuers. In addition, your statement may include a conversion or transaction fee (which may be in a foreign currency) charged by your card issuer to process the transaction. Expedia is not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates and card issuer fees. Accommodations: Some accommodation providers may require you to present a credit card or cash deposit upon check-in to cover any additional expenses that may be incurred during your stay. You are responsible for the payment of any additional expenses and any deposit taken or amounts charged to your credit card by the relevant accommodation provider are unrelated to any payment made through the Website for your hotel booking. Note: In the event that you book a reservation for accommodations (with the exception of prepaid hotel accommodation as set out below), you acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation). Expedia is not liable for any costs incurred due to relocation. Pay Online Now or Pay Later at Hotel: With certain hotels, you may be presented with the option to pay online now ("Pay Online Now") or pay later at the hotel ("Pay Later at Hotel"). If you select the Pay Online Now option, your credit card will be charged by one of the Expedia Companies (for example, Travelscape) immediately. If you select “Pay Later at Hotel”, the hotel will charge your credit card in the local currency at the time of your stay. Please note that for a Pay Later at Hotel booking, tax rates and foreign exchange rates could change in the time between booking and stay. Your credit card provider may also charge a foreign currency conversion fee. Additionally, please note that our coupons may only be applied to Pay Online Now bookings. If you are a business traveller and book using the Pay Online Now option (where available), you will not receive a tax invoice for your booking. Some of the Expedia Companies are not required to issue tax invoices for the Pay Online Now option. If you book using the Pay Later at the Hotel option, you should receive a tax invoice from the hotel at the time of your stay. If you require a tax invoice, we recommend that you book using the Pay Later at Hotel option (where available). Pay Later at Hotel (Postpaid Hotel Reservations): Pay Later at Hotel is a postpaid hotel reservation. In the event that you book a postpaid hotel reservation, you acknowledge and agree that the total quoted price will be payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation). The accommodation provider may charge you additional costs for expenses incurred during your stay. If you wish to cancel or change your booking, you must notify us within the cancellation policy period applicable to the relevant hotel (which varies by hotel), or you will be charged the full cost of your stay. In the event you do not show up for the first night of the booking and plan to check-in for subsequent nights in your booking, you must confirm the booking changes with us no later than the date of the first night of the booking to prevent cancellation of your booking. You are responsible for any cancellation or change fees that you incur. Some hotels do not permit changes to or cancellations of bookings after they are made, as indicated in the rules and restrictions for the hotel booking. Pay Online Now (Prepaid Hotel Reservations): Pay Online Now is a prepaid hotel reservation. In the event that you book a prepaid hotel reservation, you acknowledge that the Expedia Companies pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations for Pay Online Now bookings. You also acknowledge that the Expedia Companies provide you services to facilitate such booking of reservations for a fee (the "facilitation fee"). For certain bookings within the United States and Canada, for instance, the room rate displayed on the Website is a combination of the pre-negotiated room rate and the facilitation fee retained by the Expedia Companies for their services. For some prepaid hotel reservations, one of the Expedia Companies, such as Travelscape, may be the facilitator of your room reservation and also the merchant of record for your Pay Online Now booking. You authorize the Expedia Companies to facilitate reservations for the total reservation price, which includes the room rate displayed on the Website, plus any tax recovery charges, service fees, and where applicable, taxes on the Expedia Companies' services. You agree that your credit card will be charged by an Expedia Company (for example, Travelscape) for the total reservation price. Upon submitting your reservation request you authorize the Expedia Companies to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers. You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the Expedia Companies do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that the Expedia Companies pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice the Expedia Companies for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the Expedia Companies to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc., in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by the Expedia Companies for their services vary based on the amount and type of hotel reservation. Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay. You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation (which vary by hotel). If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, the full cost of your stay will be non-refundable. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you incur. Some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to make payment at the time of booking via a debit to your nominated credit or debit card. The amount charged will be the amount shown on our booking page prior to you clicking the Pay Online Now button on that page. Upon submitting your booking request, you authorize one of the Expedia Companies, (for example, Travelscape), to facilitate the relevant hotel booking, including making payment arrangements with the relevant hotel supplier. Room Limit: You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact Expedia’s group travel specialists by phone or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a non-refundable deposit. Expedia Secret Saver Bookings: When available, we may display additional discounted hotel booking options on the Website. These hotels, called Mystery Hotels, are different from other hotels displayed on the Website in several important ways. The name and exact address of the hotel are not shown until after payment has been made for the booking. All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party. Your credit card will be charged for the amount shown even if you do not use the booking. Room type will be determined by the hotel based on the number of guests provided at time of booking. All bookings are booked for stays in non-smoking rooms (subject to availability). Hotel room assignments are determined at check-in and upgrades are not available. The maximum number of Mystery Hotels rooms that can be booked at one time is six. All Mystery Hotel rooms will be booked under the same name, and the guest under whose name the booking is made must be present at check-in. Mystery Hotels are not eligible for hotel reward or club programs. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted. Special Deals: From time to time, special deals or vouchers may be displayed on this Website. Such special deals and vouchers are available for a limited time only. You must check with us as to whether a special displayed on this Website is still available. Additional terms and conditions may apply to special deals or the use of vouchers. You must check this Website or the third party provider of the special deal to determine whether any particular terms and conditions apply. Booking, Cancellation and Amendment Charges: If you want to change any details of your itinerary booked through the Website or the Service Centre (such as changing to a different hotel or changing your departure date or airport), we will do our best to help but cannot guarantee that changes will be permitted by the relevant Third Party Supplier. You should call our Service Centre on 1800 796 316. Requests for a refund of monies paid for any travel products or services booked through the Website or the Service Centre will be governed by the terms and conditions of the relevant Third Party Supplier, and Expedia is not responsible for, and does not have any control over, such terms and conditions. In particular, you are advised that many airfares are non-refundable and you must check the terms and conditions applicable to the relevant airfare before proceeding with the booking. We do not charge an amendment fee for changes made by you on any bookings except air bookings, where we do charge an amendment fee. However, the relevant Third Party Supplier may charge a fee in connection with any changes, which will be payable by you (if any). The price of your new arrangements will be based on the prices that apply on the day you ask us to make the change. These prices may not be the same as when you booked the products or services. Payments and Fees: Many bank and credit/debit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a booking made on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank. Currency Converter: Because in certain instances we receive the price from our suppliers in a foreign currency, the price displayed in search results may vary by a nominal amount from the price displayed at checkout due to the effect of foreign currency conversion. This amount will not exceed 10 Australian cents. The actual amount charged to your credit or debit card is the amount displayed at checkout. If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Expedia Companies and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes. Frequent Flyers/Traveller Program: If you are a member of an airline's or hotel's frequent travel or other reward or benefit scheme, please ensure that you have entered your correct program number in the special section featured in the booking engine at the time of your booking. Neither Expedia, Inc. nor any of the other Expedia Companies accept any responsibility if the relevant airline/hotel does not accept or does not register your booking for their program and you cannot earn points/miles. You are advised to retain copies of your boarding pass and any other proof of travel/purchase. Passports, Visas and Travel Documentation: It is the responsibility of the traveller to ensure that he or she: (a) complies with all applicable government travel requirements including, without limitation, obtaining a passport and visas to enter the destinations to which you are traveling; and (b) checks in by the required check-in time. As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience. Passports are required for all travellers departing Australia, and for international travel generally. Many countries require that foreign nationals entering hold a passport that is valid for a minimum period after you enter that country, typically 6 months. When purchasing air travel, the name on the passport must match the name on the ticket otherwise you may not be able to travel and insurance may be invalid. If, after purchasing products or services but before traveling, any member of your party changes their name you must notify the relevant carrier or us immediately so that the necessary changes can be made to your documentation. It is the responsibility of the traveller to obtain information and advice on the visa requirements of the destinations you propose to visit. Australian citizens should contact the nearest embassy, high commission or consulate of the country you intend to visit well in advance of travel. Requirements may change and you should check for up to date information before booking and departure. We urge customers to review travel prohibitions, warnings, announcements and advisories issued by the relevant governments prior to booking travel to international destinations. The above information and any links are provided in good faith but should be treated as a guide only. Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so you are advised to apply in plenty of time. We accept no responsibility in any regard in relation thereto including, without limitation, for customers who do not possess the correct travel documents. The Australian Department of Foreign Affairs and Trade or any of its successors may be able to provide some assistance in relation to the passport and visa requirements for your destination. Travel Destinations: Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travellers should review any travel prohibitions, warnings, announcements and advisories issued by the Commonwealth Department of Foreign Affairs and Trade prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the Australian Government's travel advisory and consular assistance service website currently located at http://www.smarttraveller.gov.au. Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. By offering reservations for travel products to particular international destinations, the Expedia Companies do not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations. Reviews, Comments, Photos and Other Submissions: We appreciate hearing from you. Please be aware that by submitting content to us by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, suggestions, comments, ideas or the like contained in any submissions (collectively, "Submissions") you grant to the Expedia Companies and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the "Expedia Affiliates"), a universal, non-exclusive, royalty free, perpetual, transferable, sub-licensable and irrevocable right to: (a) use, reproduce, modify, adapt, publish, translate, distribute, display, create derivative works from and otherwise communicate to the public such Submissions throughout the world in any form, media or technology; and (b) use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that the Expedia Companies may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion. You further grant the Expedia Companies the right to pursue at law any person or entity that violates your or the Expedia Companies’ rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Expedia Affiliates or any of our partners or licencees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published. If you do not accept these Terms of Use, please do not provide us with any Submissions. You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that the Expedia Companies have the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use. From time to time we may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws, etc.) As it is important to us that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative. Expedia claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites. All photos submitted are subject to our Photo Submission Guidelines available below: https://www.expedia.com.au/p/info-other/community-guidelines.htm Complaints: We will try and settle any complaints quickly and fairly and all correspondence should be sent to Attn: Customer Service Expedia, Inc 333 108th Avenue NE Bellevue, WA 98004 Disclaimer: To the maximum extent permitted by law, the Expedia Companies and their Third Party Suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the Expedia Companies. All such information, software, products, and services are provided "as is" without warranty of any kind. To the maximum extent permitted by law, the Expedia Companies and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent by the Expedia Companies and/or their respective suppliers are free of viruses or other harmful components. To the maximum extent permitted by law, the Expedia Companies and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The information, software, products, and services published on this Website may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, the Expedia Companies do not guarantee the accuracy of, and disclaim liability for any errors or other inaccuracies relating to, the information and description of the hotel, air, cruise, car and other travel products displayed on this Website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Hotel ratings displayed on this Website are intended only as general guidelines, and the Expedia Companies do not guarantee the accuracy of the ratings. To the maximum extent permitted by law, the Expedia Companies and their respective suppliers make no guarantees about the availability of specific products and services. The Expedia Companies and/or their respective suppliers may make improvements and/or changes in this Website at any time. The airlines, hotels and other suppliers providing travel products or services through this Website are independent parties and not agents or employees of the Expedia Companies. The Expedia Companies, to the extent permitted by law, are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The Expedia Companies, to the extent permitted by law, have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. Important: Nothing in these Terms & Conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees/warranties that cannot be lawfully limited, excluded or modified as provided under the Competition and Consumer Act 2010 including the statutory consumer guarantees under the Australian Consumer Law or similar laws in the State and Territories of Australia. Limitation of Liability: To the maximum extent permitted by law, in no event shall the Expedia Companies, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with any delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Expedia Companies, the Expedia Affiliates and/or their respective suppliers have been advised of the possibility of such damages. In relation to any liability which cannot be exclude by law or despite the limitation above, if the Expedia Companies or their respective suppliers are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, then to the maximum extent permitted by law the Expedia Companies’, the Expedia Affiliates’ and/or their respective suppliers’ liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Expedia in connection with such transaction(s) on this website, or (b) One-Hundred Dollars (AU$100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the Expedia Companies, the Expedia Affiliates, and/or their respective suppliers. If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option: in the case of products: the replacement of the products or the supply of equivalent products; the payment of the cost of replacing the products or acquiring equivalent products; in the case of services: the supply of the services again; the payment of the cost of having the services supplied again. Indemnification: You agree to defend and indemnify the Expedia Companies, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: your breach of this Agreement or the documents referenced herein; your breach of any law or the rights of a third party; or your use of this Website. Links to Third-Party Sites: This Website may contain hyperlinks to websites operated by parties other than Expedia, Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Software Available on Website: Any software that we make available to download from this Website ("Software"),or through your mobile application store, including the Expedia mobile application (the "Mobile Application"), is the copyrighted work of the Expedia Companies. Your use of the Software is governed by the terms of the end user licence agreement, if any, which accompanies or is included with the Software ("Licence Agreement"). You may not install, copy, or use any Software that is accompanied by or includes a Licence Agreement unless you first agree to the Licence Agreement terms. For any Software not accompanied by a Licence Agreement, we hereby grant to you, the user, a personal, nonexclusive, revocable and non-transferable licence to download, install and use the Software and/or Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose. By installing, copying or otherwise using the Software you agree to be bound by the terms and conditions of this licence. Please note that all Software, including without limitation all HTML code, Active X controls and other script contained on this Website, is owned by the Expedia Companies and/or the Affiliates and/or their respective suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the licence agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the licence agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are not subject to U.S.A. export restrictions. Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information. Copyright and Trademark Notices: If you are aware of an infringement of any of our trademarks, please let us know by e-mailing us at hotline@expedia.com. We only address messages concerning brand infringement at this email address. Notice of Infringing Material: If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages. A clear identification of the copyrighted work you claim was infringed. A clear identification of the material you claim is infringing is on the Website, such as a link to the infringing material. Your address, email address and telephone number. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law." A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on this website should be emailed to expcopyright@expedia.com for the fastest resolution. You may also send us your notice using the contact information below: Expedia, Inc. Attn: IP/Trademark Legal Dept., DMCA Complaints 333 108th Avenue NE Bellevue WA 98004 OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints. Account Termination: In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Expedia has adopted a policy of terminating, in appropriate circumstances and at Expedia's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Expedia may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice. Counter Notices: If material you have posted has been taken down, you may file a counter-notification. You may want to seek legal counsel prior to doing so. Please include the following details: Identification of the specific content that was removed or disabled and the location where that content appeared on Expedia’s Website. Please provide the URL address if possible. Your name, mailing address, telephone number and email address. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Expedia may be found, and that you will accept service of process from the party who reported your content, or that party’s agent. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification." Sign and send to the following address: Expedia, Inc. Attn: IP/Trademark Legal Dept., DMCA Complaints 333 108th Avenue NE Bellevue, WA 98004 OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints. Patent Notices: One or more patents owned by the Expedia Companies may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under licence of one or more patents. Other patents pending. General: Travelscape’s (d/b/a Expedia Travel) New York sales tax vendor registration number is 880392667 and its New York City hotel occupancy tax registration number is 033960. Please click here for additional information: New York State Certificate of Authority New York City Certificate of Authority Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information: http://privacy.microsoft.com/en-us/default.mspx; http://www.microsoft.com/maps/assets/docs/terms.aspx; http://www.google.com/privacy/privacy-policy.html; http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html; http://www.maps.google.com/help/legalnotices_maps.html; http://maps.google.com/help/terms_maps.html This Website is operated by Expedia, and this Agreement is governed by the laws of New South Wales, Australia. You hereby consent to the exclusive jurisdiction of New South Wales courts in all disputes arising out of or relating to the use of this Website or any bookings made or information provided through our Service Centre representatives. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this paragraph. Expedia may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Expedia Companies as a result of this agreement or use of this Website. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits out right to comply with law enforcement requests or other requirements or legal requests relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Expedia with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. Expedia Privacy Pledge Expedia Privacy Pledge Below you will find the Privacy Policy for www.expedia.com.au, a website operated by Expedia, Inc. Expedia, Inc. (“we” or “us”) complies with the National Privacy Principles set out in the Privacy Act 1988 (Cth) in relation to the collection and disclosure of information regarding individuals using and accessing this website. We understand that booking online involves significant trust on your part. We value your trust, and make it a high priority to ensure the security and confidentiality of the personal information you provide to us. Please read this policy to learn about our privacy practices. By visiting this website, you are accepting the practices described herein. · What information we collect from you · How we use your information · With whom we share your information · How you can access your information · Your choices with respect to the collection and use of your information · Cookies and other technologies · Display of tailored advertising/Your choices · How we protect your information · External links · Transborder dataflows · Changes to this Privacy Policy · How you can contact us What information we collect from you In General. We receive and store any information you enter on our website or give us in any other way. This includes information that can identify you ("personal information"), including but not limited to your first and last name, telephone number, postal and email addresses, fax number, and billing information (such as credit card number, cardholder name, and expiration date). We may also request information about your hotel room preferences, and frequent flyer and car rental program information. You can choose not to provide all requested information to us, but in general some information about you is required in order for you to register as a member; book travel; complete a traveler profile; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on our site. If you do not provide all or part of the requested information, you may not be able to complete certain activities on the website. Travel Companion Information. When you make a reservation for someone else through this website, we will request personal information and travel preferences about that individual. You should obtain the consent of other individuals prior to providing us with their personal information and travel preferences and provide that individual with a copy of this Privacy Policy. Any access to view or change the information of your travel companion(s) will be available only through your account. Information from Other Sources. We also may periodically obtain both personal and non-personal information about you from affiliated entities, business partners and other independent third-party sources and add it to our account information. Examples of information we may receive include: updated delivery and address information, purchase history, and demographic information. Automatic Information. We automatically collect some information about your computer when you visit this website. For example, we will collect your IP address, Web browser software (such as Firefox, Safari, or Internet Explorer), and referring website. We also may collect information about your online activity, such as trips viewed and bookings made. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud. For more information, please see Cookies and other technologies. How we use your information We use sensitive billing information (such as cardholder name, credit card number, and expiration date) and disclose such information to our third party suppliers and vendors for the purpose of completing the travel bookings you conduct on our site. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and website; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with this website; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection. By providing your personal information to us, you consent to the use of your personal information as described. Email Communications. We want to make it easy for you to take advantage of travel-related opportunities on our website. One way we do this is by sending you email messages that contain information about your apparent travel-related interests. For example, if you search for a flight to New York on our website and have saved your itinerary or otherwise not yet booked your travel, we may send you an email message reminding you about your saved travel itinerary or about a special airfare to New York. Similarly, if you receive an email from us about New York travel and demonstrate an interest in New York hotels by affirmatively clicking on a link about New York hotels in the email, you may receive an email about New York hotel offers or other destination information. We believe these email messages will provide you with useful information about travel-related special offers available through our site. Please note that you will have the opportunity to choose not to receive these email messages in any such email we send. Please review " Your choices with respect to the collection and use of your information" below. With whom we share your information We may share your information with the following entities: · Suppliers, such as hotel, airline, car rental, and activity providers, who fulfill your travel reservations. Throughout this site, all services provided by a third-party supplier are described as such. We do not place limitations on our suppliers' use or disclosure of your personal information. Therefore, we encourage you to review the privacy policies of any travel supplier whose products you purchase through this website. Please note that these suppliers also may contact you as necessary to obtain additional information about you, facilitate your travel reservation, or respond to a review you may submit. · Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose. · Business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. You can tell when a third party is involved in a product or service you have requested because their name will appear, either alone or with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners. Therefore, we encourage you to review the privacy policies of any such business partners. · Referring websites. If you were referred to this website from another site (for example, through a link you clicked on another site that directed you to this one), we may share some information about you with that referring website. We have not placed limitations on the referring websites’ use of your personal information and we encourage you to review the privacy policies of any website that referred you here. · Companies within our corporate family. We may share your personal information with our parent company and corporate affiliates, including Hotels.com, L.P.; Hotwire, Inc; and Venere Net S.p.A. This sharing enables us to provide you with information about products and services, both travel-related and other, which might interest you. To the extent that our corporate affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy. They will also comply with applicable laws governing the transmission of commercial electronic communications and, at a minimum, give you an opportunity in any commercial electronic message they send to choose not to receive such commercial electronic messages in the future. · Government and Law Enforcement Agencies. We may be required to disclose your personal information to law enforcement agencies and governments around the world for security, customs and immigration purposes. For example, under U.S. Law, the U.S. Department of Homeland Security Bureau of Customs and Border Protection requires that certain travel and reservation information relating to people travelling to or via the U.S.A, known as Passenger Name Record or PNR data, be provided to it prior to arrival in, or departure from, the U.S.A. We also may share your information: · In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. · When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or this website, our customers, or others; and in connection with our Terms of Service and other agreements. · In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. · As otherwise permitted by National Privacy Principle 2.1. Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information. By providing your personal information to us, you consent to the disclosure of your personal information as described above. We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our website receives or the most popular hotels and vacation destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest. How you can access your information You can access and update your contact information by visiting this website’s Account Overview page. You can close your account by contacting us at the email address listed below. Please note that after you close an account, you will not be able to sign in or access any of your personal information. However, you can open a new account at any time. Please also note that we may retain certain information associated with your account, including for analytical purposes as well as for recordkeeping integrity. Upon closing your account, we will, on request, provide you with access to the personal information we hold about you, unless there is an exception which applies under the National Privacy Principles. We may recover from you our reasonable costs of supplying you with access to this personal information. Your request to provide access to this personal information will be dealt with in a reasonable time. If we refuse to provide you with access to the personal information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the National Privacy Principles. Your choices with respect to collection and use of your information · As discussed above, you can choose not to provide us with any information, although it may be needed to book travel or to take advantage of certain features offered on this site. · You also can add or update information and close your account as described above. · When you register as a member on this site, you will be given a choice as to whether you want to receive email messages from us about special offers. As a registered member, you can modify your choice at any time on the Account Overview page. Whether registered as a member or not, you will also be given the opportunity to unsubscribe from commercial messages in any such email we send. Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your account or to your transactions on this site, without offering you the opportunity to opt out of receiving them. · You may have the opportunity on our website to provide a mobile number in order to receive day-of-travel flight alerts. You may discontinue these alerts at any time. · The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from this site, you will not be able to access portions of our site. Cookies and other technologies Cookies are small data text files and can be stored on your computer’s hard drive (if your Web browser permits). This website uses cookies for the following general purposes: · To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our site. For example, if you register on our site, we may use cookies to remember your registration information, so you do not need to log into our site each time you visit. We also may record your password in a cookie, if you checked the box entitled "Sign me in automatically next time." Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes. Unless you register with us, these cookies will not contain any personal information. · To help us customize the content and advertisements provided to you on this website and on other sites across the Internet. For example, when you access a page on our website, a cookie is automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests. See Display of Advertising/Your Choices for more information about our online advertising practices and your choices. · To help measure and research the effectiveness of website features and offerings, advertisements, and email communications (by determining which emails you open and act upon). The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies, you may not be able to access many of the travel tools offered on our sites. In addition to the above cookies, we use Local Shared Objects, also referred to as “flash cookies,” on our web site. These are used to enhance your user experience, for example, by storing your user preferences and settings, such as your volume/mute settings, and in connection with animated content on our website. Local Shared Objects are similar to browser cookies, but can store data more complex than simple text. By themselves, they cannot do anything to or with the data on your computer. Like other cookies, they can only access personally identifiable information that you have provided on this site, and cannot be accessed by other websites. To find out more about flash cookies or how to disable them, please click here: http://kb2.adobe.com/cps/526/52697ee8.html. This site may also use Web beacons (also known as clear gifs, pixel tags or Web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a Web page. We use Web beacons to monitor the traffic patterns of users from one page within our sites to another, to deliver or communicate with cookies, to understand whether you have come to our site from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our service providers to use Web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on our site. This helps us measure the effectiveness of our content and other offerings. If you have any questions about our use of cookies or other technologies, please email us at the email address below. Display of tailored advertising/Your choices Data collected by business partners and ad networks to serve you with relevant advertising. The advertisements you see on this website are served by us or by our service providers. We also allow third parties to collect information about your online activities through cookies and other technologies. These third parties include (1) business partners, who collect information when you view or interact with one of their advertisements on our sites; and (2) advertising networks, which collect information about your interests when you view or interact with one of the advertisements they place on many different websites on the Internet. The information gathered by these third parties is used to make predictions about your characteristics, interests or preferences and to display advertisements on our sites and across the Internet tailored to your apparent interests. We do not permit these third parties to collect personal information about you (such as email address) on our site, nor do we share with them any personal information about you. Please note that we do not have access to or control over cookies or other technologies these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy. Some of these companies are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. To learn more, please click here. Data collected by companies that operate cookie-based exchanges to serve you with relevant advertising. Like other companies operating online, we participate in cookie-based exchanges where anonymous information is collected about your browsing behavior through cookies or other technologies and segmented into different topics of interest (such as travel). These topics of interest are then shared with third parties, including advertisers and ad networks, so they can tailor advertisements to your apparent interests. We do not share personal information (such as your email address) with these companies and we do not permit these companies to collect any such information about you on our site. Please click here to learn more about cookie-based exchanges, including how to access information about the topics of interest associated with cookies on your computer and how to decline participation in these programs. How we protect your information We want you to feel confident about using this website to make travel arrangements, and we are committed to protecting the information we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information we collect about you. For example, only authorized employees are permitted to access personal information, and they may only do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information. External links If any part of this website links you to other sites, those sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information. Transborder dataflows If you are visiting our website from Australia or from any other country outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States (where our servers are located and our central database is operated) or another country where those third parties with whom we share it as described in this Policy are located. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services and providing information to us, you consent to your information being transferred to our facilities and the facilities of those third parties with whom we share it as described in this Policy. Changes to this Privacy Policy We may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the email address you provided to us or by placing a prominent notice on our website. How you can contact us If you have questions about this Privacy Policy (or your travel planning or purchases), please email us using our customer service and feedback form. This Privacy Policy is effective as of June 19, 2012. Expedia, Inc., 333 108th Ave. NE, Bellevue, WA 98004 USA Review and Photo Submission Rules By posting or submitting a Review, Photos or Comments (“Content”) through this Review Submission form, you affirm and guarantee that (1) you have and will maintain all necessary rights, consents, approvals, authorizations, and licenses in and to all Content that you provide to Expedia and all information they contain in order for Expedia and its sublicensees to exercise the rights granted herein; (2) such Content does not and shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information; (3) all information contained in such Content is accurate; (4) your Content is non-confidential and non-proprietary; and (5) use of any Content you supply does not violate this Agreement and will not cause injury to any person or entity. You are fully responsible for the content you provide. By submitting photographs and/or text to this Website, you acknowledge and affirm to Expedia that your submission meets the following guidelines and requirements: Your Content is: Original – You may only submit your own writings, photos and Content. Do not submit photos or other Content that infringe the copyright, trademark, or other property right of any third party; Non-commercial – Do not submit photos that include third party trademarks, logos, branding, images of celebrities or other recognizable people, promotional materials, or any other content intended for commercial purposes; On topic – All Content must be relevant to accommodations, restaurants, locations, destinations, flights, transportation, or general travel experiences; Community/Family friendly – Do not submit any Content that is illegal, obscene, pornographic, profane, vulgar, offensive or insulting; and Do not submit any Content that invades the privacy or violates any personal rights of any person or entity to privacy and publicity. Your Content does not: infringe the copyright, trademark, or other property right of any third party; include logos, branding, promotional material, or any other content intended for commercial purposes; contain private or personal information which might identify a user; contain false or misleading information or information for which you were compensated or granted any consideration by any third party; include photos or information about children or any third parties without their consent (or a parent or legal guardian’s consent in the case of a child under 13 years of age); contain any profanity or obscenities; contain personal attacks on other individuals Contain any content that is, or may reasonably be considered to promote violence, any illegal activity or to promote discrimination (including based on race, sex, religion, nationality, disability, sexual orientation or age); make obscene, pornographic, threatening or harassing comments; make slanderous or defamatory comments or comments which are damaging to someones reputation, deliberately insulting and/or knowingly untruthful; include viruses or other harmful code that is either intended or may result in damage to the computers, systems, and services of Expedia; and/or include other information that Expedia deems in its sole discretion to be inappropriate for posting, or which otherwise violate this Agreement. License Grant By submitting Content of any kind, you automatically grant to Expedia and its affiliates a nonexclusive, royalty free, fully paid, worldwide, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) right and license to: (1) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display and perform all Content posted or submitted to Expedia by you (whether before or after the posting of these Rules) throughout the world for any purpose in any media or form now known or hereafter devised; and (2) use the name that you submit in connection with any such Content. Expedia has the right but not the obligation to monitor, edit or remove any Content or any portion thereof at any time in its sole discretion. You further grant Expedia the right to pursue at law any person or entity that violates your or Expedia’s rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. To the extent allowed by applicable law, you expressly waive any and all “moral rights” (including rights of attribution or integrity) that may subsist in your Content and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Content by us, our affiliates or any of our respective Representatives, partners, licensees or sublicensees. Expedia takes no responsibility and assume no liability for any Content posted or submitted by you. Clinical Skills Development Service Terms and Conditions Copyright © Metro North Hospital and Health Service through the Clinical Skills Development Service (CSDS) 2003 - 2017 The material on this site is subject to copyright law. Any reproduction, retransmissions or republication of all or part of any information found on this site is expressly prohibited, unless Clinical Skills Development Service has explicitly granted its prior written consent to so reproduce, retransmit, or republish the material. All other rights reserved. Disclaimer The information contained in this website is for general information purposes only. The information is provided by Clinical Skills Development Service and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Clinical Skills Development Service is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. Third Party Links Although Clinical Skills Development Service website may include links providing direct access to other internet resources, Clinical Skills Development Service is not responsible for the accuracy or content of information contained in these resources. These links are for your convenience and reference only. The linked websites are not under the control of Clinical Skills Development Service and Clinical Skills Development Service is not responsible for the contents or operation of any linked site. By making these links available, we are not endorsing third party websites, their content, products, services or the owners of these third party websites. Privacy Policy CSDS is committed to protecting your privacy and the confidentiality and security of personal information provided by you to us. The personal information you provide on this website will be used by CSDS to: Process your course registrations or bookings, which may include updating your record and profile information. Contact you in the event of cancellation. Conduct analysis or market research to identify the ongoing needs of registrants and users. Provide you with access to information about a range of current, future, associated courses or events administered by CSDS. CSDS may disclose the personal information which you provide to external service providers to whom we have contracted out functions such as printers and mailing houses, but only for the purpose outlined above. You have a right to access any personal information which CSDS holds about you (subject to the exceptions in the Information Privacy Act 2009) - please contact us if you would like to do so. To protect your privacy CSDS follows nine privacy principles. The principles deal with how we collect and handle your personal information. They are set out in the Information Privacy Act 2009. PiAustralia Terms & Conditions Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Little Bird Company Pty Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. The term ‘Little Bird Company Pty Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Unit 13, 8-12 LEIGHTON PL, HORNSBY, NSW, 2077, AU. Our ABN is 83 137 705 803. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia. Kayak Terms & Conditions Effective as of December 4, 2015 Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing, the KAYAK website, mobile or tablet application, or any other feature or other KAYAK platform (collectively "Our Website") you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website. In these Terms, "we", "us", "our" or "KAYAK" refers to KAYAK Software Corporation, and "you" or "your" refers to you as the user of Our Website. We may modify these Terms, for any reason at any time, by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website. We recommend you save and/or print out a copy of these Terms for your future reference. 1. We do not sell Travel Products Our Website is a travel search engine. KAYAK does not provide, own or control any of the travel services and products that you can access through Our Website, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) either directly (e.g. airline) or as an agent (e.g. online travel agency). The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to, and understand those terms. Further, the terms of the actual travel provider (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider accessed through Our Website is at your own risk and KAYAK does not have any responsibility should anything go wrong with your booking or during your travel. The display on Our Website of a Travel Product or Travel Provider does not in any way imply, suggest, or constitute a recommendation, adoption or endorsement by KAYAK of that Travel Product or Travel Provider, or any sponsorship or approval of KAYAK by such Travel Provider, or any affiliation between such Travel Provider and KAYAK. KAYAK hosts content, including prices, made available by or obtained from Travel Providers. KAYAK is in no way responsible for the accuracy, timeliness or completeness of such content. Since KAYAK has no control over the Travel Products and does not verify the content uploaded by the Travel Providers, it is not possible for us to guarantee the prices displayed on Our Website. Prices change constantly and additional charges (e.g. payment fees, services charges, checked-in luggage fees, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected. More details here. Some Travel Products may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary and your payment provider (e.g. your credit card company) may charge conversion fees and apply another date’s currency rate. 2. Booking through KAYAK If you make a booking through Our Website for Travel Products, that booking is made with the Travel Provider named on the booking page and Our Website only acts as a user interface. Accordingly KAYAK has no responsibility for the booking or the Travel Product because KAYAK has no involvement in creating the description of the Travel Product, in defining the price and any fees, and in providing the Travel Products that you book. If you have any issues or disputes around your booking and/or the Travel Product, you agree to address and resolve these with the Travel Provider and not with us. 3. Intellectual Property We, along with our corporate affiliates, the Travel Providers and other licensors own all of the text, images, software, trademarks, service marks or other material contained on Our Website. You will not copy or transmit any of the material except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-KAYAK product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website. 4. Use of Our Website You may only use and register to become a user of Our Website or use Trips, if you are of sufficient legal age and can enter into binding contracts. If you become a registered user or make a booking resulting in the creation of a Trips account, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your travel itineraries. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorised disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your Personal information that is affected. If you decide to receive messages or other communications from Our Website directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorised access to your information or account. You may only use Our Website to search for legitimate travel deals and you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Website you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data. In addition, you agree not to do any of the following without prior express written permission of KAYAK: (i) access the site with any manual or automated process for any purpose other than your personal use or for inclusion of KAYAK pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited; (ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website; (iii) deep-link to any portion of Our Website for any purpose; (iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment; (v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website; (vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us; (vii) post or distribute any material on Our Website that violates the rights of any third party or applicable law; (viii) use Our Website to collect or store personal data about others; (ix) use Our Website for any commercial purpose unless we've given you written permission; (x) transmit any ad or promo materials on Our Website; or We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website. Further, you can always delete your account. 5. Trips If you use Trips, you are solely responsible for the travel information and other content that you upload, transmit or share with us or others on or through Trips (collectively the "Trips Information") and you represent and warrant that you are not transmitting or sharing Trips Information you do not have permission to share. It is your job to create backup copies and replace any Trips Information you provide to us at your expense. When you provide us with Trips Information, or make a booking through KAYAK you authorise us to make copies as we deem necessary in order to facilitate the storage and assimilation of the Trips Information. By providing us Trips Information you represent and warrant that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, reformat, translate, syndicate, and distribute that Trips Information we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, that Trips Information. You may remove your Trips Information from Trips at any time, but the license that you have granted will remain in effect. You understand that we do not control, and we are not responsible to review Trips Information. However, we reserve the right to review, edit, or delete any Trips information or your account at any time. 6. Your intellectual property rights We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website or otherwise through Trips any materials that violate another person's intellectual property rights. If you believe that your trademark or copyright rights have been violated, please send us a written notification to the address disclosed in Section 14. 7. Warranty disclaimer Our Website, all content and services provided on Our Website and all itineraries you obtain through Trips are provided on an "as is" and "as available" basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available providers and offers. Accordingly, we do not always display the lowest available price. Where permitted by law, KAYAK expressly disclaims to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. 8. Our liability is limited We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers) to the extent permitted by law hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or your use of Trips or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, Trips or our content; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or booking); or (iii) the performance or non performance by us or any Travel Provider, even if we have been advised of the possibility of damages to such parties or any other party. To the extent permitted by law, our aggregate liability for any and all loss or damage suffered by you as the result of your access to Our Website, your downloading of any content from Our Website and/or your use of Trips, which is not covered by the above paragraph, is limited to USD 50. Some states or countries do not allow these limitations of liability, so the limitations above may not apply or apply only partially to you as permitted by law. 9. You agree to protect us Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, Trips or the Intellectual Property. 10. Links Our Website may contain links to other websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not adopt or endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website. 11. Air carrier rules The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flyer miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing. 12. Hacker Fare In the case of a Hacker Fare, Our Website displays search results for a combination of Travel Products, e.g. separate flight and hotel results, or two one way flights instead of a round trip. If you use these search results, you will make two different bookings with different rules and policies (for example, for baggage fees, change fees, and refunds). Any changes made to one of your bookings will not affect the other booking (for example, if your initial flight is cancelled by either you or the airline, the other airline with which you booked your return flight is not obligated to issue a refund or change your itinerary). If you are traveling internationally, you may need to provide proof that you have a return flight at check in and at immigration. 13. General requirements We may change the site and these Terms at any time, in our sole discretion and without notice to You. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Further, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced. One or more patents may apply to this site and to the features and services accessible via the site, including without limitation United States Patent Numbers: 8,095,536; 7,979,457; 7,917,387; 7,774,331; 7,668,811; 7,668,809; 7,627,606; 7,587,678; 7,483,883; 6,529,908. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, including Trips, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website. To the extent permitted by law, the laws of the State of Connecticut (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims). If you take any legal action relating to your use of Our Website, including Trips, or these Terms, or our services, you agree to file such action only in the state and federal courts located in New Haven, Connecticut (USA); if you are a consumer, the law may allow you to bring proceedings also in the courts for the place where you are domiciled as well as to have recourse to rights provided by the consumer protection laws of such place. In any such action or any action we may initiate, the prevailing party will be entitled to the extent permitted by law to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action. 14. Your Feedback We encourage you to share your comments and questions with us here, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future KAYAK products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of KAYAK. Further, by submitting Feedback you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise. Our Website is operated by: KAYAK Software Corporation 
7 Market Street 
Stamford, CT 06902, USA. Last updated: December 4, 2015 Kayak Privacy Policy Effective as of March 3rd, 2017 Information on Cookies This policy describes KAYAK’s practices regarding personally identifiable information and data (“personal information”). This policy applies to our websites, mobile applications, email and text messages, and social media accounts (the “Platforms”). When you use the Platforms, you agree to the terms in this policy. The categories of Personal Information we collect When you visit the Platforms, we may collect information from you. Some of it may be personal information. This information can include search history, IP address, screen resolution, browser used, operating system and settings, access times and referring URL. If you are using a mobile device, we may also collect data that identifies your device, your settings and your location. If you book a travel product via the Platforms, we may need additional information from you. This information can include your name (and traveller’s name if different), passport number, email address, telephone number, credit card information, billing address, itinerary, and frequent flyer details. You can also choose to store personal information in your user account for future bookings. If you choose to register, we will collect your email address, password and home airport, and other preference information you provide us. If you choose a third-party service, like Facebook Login, to register or login, you are permitting us to use and store that information related to the account. If you make a booking on KAYAK or within our mobile applications, we may automatically create a “Trips” account for you, which will give you access to our “Trips” service, where we will collect your travel information to create and maintain your travel itineraries. This can include the personal information that may be included in the confirmation emails you give us access to. When you give us personal information, you are telling us that the information is true, accurate, complete and current. You are also telling us that you have the authorisation to provide it to us. How we collect your Personal Information We collect your personal information directly from you. For example, when you provide us your personal information when you register or book travel. We also collect your personal information passively. For example, we collect information about you over time and across different Web sites when you visit this Platform. We also use tracking tools like cookies and beacons. To learn more about these tools and how to control them, click here. We collect your personal information from third parties. This can include when you log in using a third party platform, such as Facebook. Platform features may make use of your device attributes and settings that will allow us to determine your physical location. Such technologies may include IP address mapping, WiFi, GPS signals, cell tower positioning or other technologies. We use this information to enhance and personalise your experience and provide you with offers and services that may be of interest to you. For example, we may help you find your closest hotel or send you messages that may be of interest to you based on your current location. KAYAK does not have control over your device settings, but we do recommend enabling location services on your device so you can take advantage of the location based features and functionality offered. Why we use your Personal Information To provide you and improve our Platforms and services, to better understand the users of our Platforms and services, to protect our property and to prevent damage to them. To process your bookings and store your itinerary information where applicable. To display more relevant advertising and recommendations, or suppress advertising and content that you might find irrelevant. To contact you as follows: » To send booking confirmations; » To send alerts and notifications you have subscribed to, including to your mobile device; » To solicit reviews; » When you send booking confirmations to our Trips service; » To get in touch if you contact KAYAK customer service; » To send you information servicing and administrative emails; » To send you marketing emails from a KAYAK address regarding our services or those of our partners, if you have opted-in to receive emails from us or have transacted with us, and as permitted by law. Your Choices You can manage your communication preferences in your account. Marketing email has an opt-out URL and you can unsubscribe from such communication at any time. You cannot unsubscribe from servicing emails and administrative messages that are considered part of your account membership, unless you cancel your membership. How we share your Personal Information We may share your personal information with our corporate affiliates and with third parties for our legitimate business purposes as permitted by law. For example, we may share your personal information with suppliers who perform services on our behalf and have agreed in writing to protect and not further disclose your information. If you book through the Platforms, we may share your personal information with the payment service providers and the travel vendors you have booked with. This can include online travel agencies, hotels, airlines, car rental companies, and travel insurance providers. These third parties will process your personal information as data controllers in accordance with their own privacy policies. We may also share your information as otherwise described to you at the time of collection. For example, if you provide information to enter a sweepstakes, we may share your information with the promotional partners. If KAYAK itself (or part of its business) is sold or otherwise changes control, our new owners would have access to your personal information for the uses set out herein. If you use or have itineraries as part of our Trips Service, you can send or grant access to your itinerary to anyone you choose. Your itinerary may contain enough details (for example, booking reference codes) to allow the recipient to cancel or modify your booking, perform a check-in, etc. You should only share your itinerary with people you trust. Please also read the detailed Trips FAQ. If you choose to display your itinerary on publicly-viewable web pages (Facebook, for instance), that information may be collected and used by others. If you provide us a review of your trip, you authorise us to publish it on all our Platforms under the screen name you provided. You also authorise us to aggregate it with other reviews. We may disclose personal information if required by law, for example to law enforcement or other authorities. This includes court orders, subpoenas and orders arising from legal processes, and administrative or criminal investigations. We may also disclose your personal information if the disclosure is necessary for the prevention, detection or prosecution of criminal acts or to prevent other damage, or in response to a legal action or to enforce our rights and claims. We may also share anonymous aggregated usage information with others. How we store and protect your Personal Information Our servers and data centres are located in the U.S and in Switzerland, and our service providers may be located there and in other countries. By providing us personal information, you agree that your personal information may be transferred to and stored in these countries. These countries may have different and/or less stringent privacy/data protection and data security rules than those of your own country. As a result, your personal information may be subject to access requests from governments, courts, or law enforcement in those countries according to laws in those countries. Subject to the applicable laws in such other countries, we will provide the necessary safeguards to maintain protections of your personal information, e.g. by obtaining from the data recipients contractual commitments based on the EU model clauses. KAYAK has a security program intended to keep the personal information stored in our systems protected from unauthorised access and misuse. Our systems are configured with data encryption, or scrambling technologies and firewalls constructed to industry standards. We also use Secure Socket Layer (SSL) technology that protects the data you send over the Internet. Personal information may only be accessed by persons within our organisations, or our third party vendors to carry out the uses indicated in this Privacy Policy. Cookies and tracking tools KAYAK uses cookies and tracking tools. To learn more, including how we respond to “Do not track” signals click here. Other Websites If you click through to third party websites or other platforms, KAYAK’s privacy policy does not apply. Children KAYAK does not knowingly collect personal information from minors. If we become aware that a minor is attempting to submit personal information, we will remove this information from our records. If you are the parent/legal guardian of a minor who has given us personal information, please contact us so we can delete it. Changes to the Privacy Policy We may modify this Privacy Policy at any time and without prior notice. We will notify you of material changes to how we use your personal information prior to implementing them. We may notify you about such a material change by email or prominent notice on our website. By using our services and Platforms after we post these changes, you indicate you accept them. Accessing and rectifying your Personal Information You can manage your account settings in the ”My Account” page on KAYAK. You can delete your account http://www.kayak.com.au/zap at any time. You are entitled at any time to obtain information about all your personal information that we store, in accordance with applicable law and without any fee. However, in exceptional cases we ask you to pay reasonable fee before we provide the information if permitted by applicable law. We may request proof of your identity before providing this information. We may not be able to allow you to access certain personal information in some cases. For example if your personal information is connected with personal information of other persons, or for legal reasons. In such cases we will provide you with an explanation why you cannot obtain this information. You can also withdraw your consent to the use of your personal information at any time by contacting us at the address below. You can demand deletion or rectification of your personal information, however, statutory provisions, especially those affecting KAYAK’s accounting, processing of claims and mandatory data retention, may prohibit deletion or anonymisation. Kayak Europe GmbH controls the processing of personal information on this Platform. To exercise your rights, or if you have questions about our privacy practices or need assistance with exercising or understanding your privacy choices, please contact our privacy team at privacy@kayak.com or you may write to: Kayak Europe GmbH 
attn.: Legal Department 
Fraumünsterstrasse 16 8001 Zurich Switzerland Cookies and other tracking tools KAYAK uses tracking tools such as cookies We (or our suppliers) use several common tracking tools. We use these tools to collect usage and demographic information about you over time and across different Web sites when you use our Platforms. We also have third parties (e.g. advertisers) that collect personal information this way. Tools we use may include browser cookies. Your browser will store these cookies on your computer in a small file. To learn more about cookies, see www.youronlinechoices.eu. We and our advertising partners may also use web beacons (single pixel GIF images). These web beacons are placed in the code of a Web page or an email newsletter. When you access a partner site within our mobile applications, we may track your activity on that site. By using the Platforms, you give us your free, unambiguous and informed consent to the use of any of the cookies and tracking tools mentioned in this policy. KAYAK uses tracking tools for following purposes (i) To track new visitors to the Platforms. (ii) To help us recognise your browser as a previous visitor. This includes saving and remembering any preferences that may have been set while your browser was visiting the Platforms, such as language. (iii) To store your username and password if you are registered with us. (iv) To work with online advertising companies to display targeted advertising on our Platforms and third party platforms that you visit. This targeting may be based on information you submit on our Platforms or third party platforms. This targeting may also be based on your activities or behaviours on our Platforms or those of third parties. We may also obtain information about your browsing history from our business partners. To learn more about targeted advertising and how you can accept or refuse (opt-out of) this type of advertisements, we recommend that you visit www.aboutads.info/choices or www.youronlinechoices.eu. (v) To track when you book on partner websites. (vi) To help improve our website offering and for capacity planning purposes. We or our third party service providers may set analytics cookies. These allow us to gather aggregated or segmented information about the types of visitors that access our Platforms and the pages and advertisements that they view. +In order to better understand your use of our Platforms, we or our third party service providers may collect information on such use, including pages visited, links clicked and mouse movements. +We do not use this information to personally identify you. How you can control tracking tools and opt-out of online behavioural advertising Your browser may give you the ability to control cookies. How to do this varies from browser to browser. You should view the Help menu on the browser you use for further information. To opt out of having your online behavior tracked by KAYAK for advertising purposes click here; this means that KAYAK will no longer use information derived from your online behaviour, collected by KAYAK or third parties acting on behalf of KAYAK, for the purpose of providing you interest-based advertising from KAYAK only. Note that opting out of receiving interest-based advertising through the link above does not mean you will no longer receive advertising from KAYAK or third parties at all; rather it means that most of the advertising that you will see will not be based on your particular interest. In addition, KAYAK may still collect information for other purposes consistent with this Privacy Policy. Your opt-out choice is stored in opt out-cookies only in this browser, so you should separately set your preferences for other browsers, computers, or devices you may use. If your browser blocks cookies, your opt out preferences may not be effective. Deleting browser cookies can remove your opt-out preferences, so you should visit this page periodically to review your preferences. We may also use Google Analytics to collect demographic and interest data about you (such as age, gender, and interests), including through Google Analytics Demographics and Interest Reporting. You can find out more about Google Analytics and how to opt-out by going here. Choices you make are browser and device specific. Some aspects of our site use cookies to function. You may not be able to use these features if you set your device to block cookies. If you block or delete cookies or opt out of online behavioural advertising, not all of the tracking that we have described in this policy will stop. How KAYAK responds to “Do Not Track” signals Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals. If you have any questions on our use of tracking tools, please use the feedback form. ZamaYoga Liability Waiver Liability Waiver In checking the box below, I acknowledge that do not have any injuries, medical conditions or take any prescribed medications that could limit, restrict or affect your ability to undertake services offered at Toowoomba Yoga Pty Ltd ATF Toowoomba Yoga Unit Trust T/A Zama Yoga Toowoomba. I also note it is not recommended to practice hot yoga during pregnancy unless I have been doing previously and have advice from your doctor. Other forms of yoga are generally suitable, but I will seek medical advice. I understand the advice given above and I acknowledge that during all such times whilst on the premises class, both my property and my person shall be at my own risk and I will not hold Toowoomba Yoga Pty Ltd ATF Toowoomba Yoga Unit Trust T/A Zama Yoga Toowoomba or employees liable for any personal injury or loss of property whether caused by the negligence of Toowoomba Yoga Pty Ltd ATF Toowoomba Yoga Unit Trust T/A Zama Yoga Toowoomba, its employees, servants, agents or contractors. WhatsApp Terms of Service WhatsApp Terms Of Service Last modified: August 25, 2016 (archived versions) WhatsApp Inc. (“WhatsApp,” “our,” “we,” or “us”) provides messaging, Internet calling, and other services to users around the world. Please read our Terms of Service so you understand what’s up with your use of WhatsApp. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). NO ACCESS TO EMERGENCY SERVICES: There are important differences between WhatsApp and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service. IF YOU ARE A WHATSAPP USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, WHATSAPP AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS” SECTION BELOW TO LEARN MORE. About our services Registration. You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. Address Book. You provide us the phone numbers of WhatsApp users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services. Age. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf. Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically. Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law. Privacy policy and user data WhatsApp cares about your privacy. WhatsApp’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country. Acceptable use of our services Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission. Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of WhatsApp, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us. Harm to WhatsApp or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time. Keeping Your Account Secure. You are responsible for keeping your device and your WhatsApp account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services. Third-party services Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your WhatsApp contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. Licenses Your Rights. WhatsApp does not claim ownership of the information that you submit for your WhatsApp account or through our Services. You must have the necessary rights to such information that you submit for your WhatsApp account or through our Services and the right to grant the rights and licenses in our Terms. WhatsApp’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines. You may use the trademarks www.facebookbrand.com/trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines. Your License to WhatsApp. In order to operate and provide our Services, you grant WhatsApp a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy). WhatsApp’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. Reporting third-party copyright, trademark, and other intellectual property infringement To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may terminate your WhatsApp account if you repeatedly infringe the intellectual property rights of others. Disclaimers YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “WHATSAPP PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Limitation of liability THE WHATSAPP PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE WHATSAPP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE WHATSAPP PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Indemnification You agree to defend, indemnify, and hold harmless the WhatsApp Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim. Dispute resolution Forum and Venue. If you are a WhatsApp user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Governing Law. The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between WhatsApp and you, without regard to conflict of law provisions. Availability and termination of our services Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events. Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with WhatsApp: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for United States or Canada Users.” Other Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding WhatsApp and our Services, and supersede any prior agreements. We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods. Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls. Any amendment to or waiver of our Terms requires our express consent. We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Nothing in our Terms will prevent us from complying with the law. Except as contemplated herein, our Terms do not give any third-party beneficiary rights. If we fail to enforce any of our Terms, it will not be considered a waiver. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability” section below. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. We always appreciate your feedback or other suggestions about WhatsApp and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). Special arbitration provision for United States or Canada users PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A WHATSAPP USER LOCATED IN THE UNITED STATES OR CANADA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION. “Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes. Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between WhatsApp and you is subject to arbitration. Agreement to Arbitrate for WhatsApp Users Located in the United States or Canada. For WhatsApp users located in the United States or Canada, WhatsApp and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. WhatsApp and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. WhatsApp and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous. Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out: WhatsApp Inc. Arbitration Opt-Out 1601 Willow Road Menlo Park, California 94025 United States of America You must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate. Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis. Time Limit to Start Arbitration. We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late. No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada. We and you each agree that if you are a WhatsApp user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute. Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute. Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above. Accessing WhatsApp's terms in different languages To access our Terms in certain other languages, change the language setting for your WhatsApp session. If our Terms are not available in the language you select, we will default to the English version. WhatsApp Privacy Policy WhatsApp Privacy Policy Last modified: August 25, 2016 (archived versions) Respect for your privacy is coded into our DNA. Since we started WhatsApp, we’ve aspired to build our Services with a set of strong privacy principles in mind. WhatsApp provides messaging, Internet calling, and other services to users around the world. Our Privacy Policy helps explain our information (including message) practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy – like building WhatsApp so delivered messages aren’t stored and giving you control over who you communicate with on our Services. When we say “WhatsApp,” “our,” “we,” or “us,” we’re talking about WhatsApp Inc. This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and website (together, “Services”) unless specified otherwise. Please also read WhatsApp’s Terms of Service (“Terms”), which describes the terms under which you use our Services. Information We Collect WhatsApp receives or collects information when we operate and provide our Services, including when you install, access, or use our Services. Information You Provide Your Account Information. You provide your mobile phone number to create a WhatsApp account. You provide us the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts. You confirm you are authorized to provide us such numbers. You may also add other information to your account, such as a profile name, profile picture, and status message. Your Messages. We do not retain your messages in the ordinary course of providing our Services to you. Once your messages (including your chats, photos, videos, voice messages, files, and share location information) are delivered, they are deleted from our servers. Your messages are stored on your own device. If a message cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to 30 days as we try to deliver it. If a message is still undelivered after 30 days, we delete it. To improve performance and deliver media messages more efficiently, such as when many people are sharing a popular photo or video, we may retain that content on our servers for a longer period of time. We also offer end-to-end encryption for our Services, which is on by default, when you and the people with whom you message use a version of our app released after April 2, 2016. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them. Your Connections. To help you organize how you communicate with others, we may create a favorites list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information. Customer Support. You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues. Automatically Collected Information Usage and Log Information. We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports. Transactional Information. If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment. Device and Connection Information. We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers. We collect device location information if you use our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features. Cookies. We use cookies to operate and provide our Services, including to provide our Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to provide WhatsApp for web and desktop and other web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Services for you. Learn more about how we use cookies to provide you our Services. Status Information. We collect information about your online and status message changes on our Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message. Third-Party Information Information Others Provide About You. We receive information other people provide us, which may include information about you. For example, when other users you know use our Services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong, or call you. Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues. Third-Party Services. We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, if you use the WhatsApp share button on a news service to share a news article with your WhatsApp contacts, groups, or broadcast lists on our Services, or if you choose to access our Services through a mobile carrier’s or device provider’s promotion of our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. How We Use Information We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services. Our Services. We operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services, and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us. We use cookies to operate, provide, improve, understand, and customize our Services. Safety and Security. We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally. Communications About Our Services and the Facebook Family of Companies. We communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services and those of the Facebook family of companies, of which we are now a part. No Third-Party Banner Ads. We do not allow third-party banner ads on WhatsApp. We have no intention to introduce them, but if we ever do, we will update this policy. Commercial Messaging. We will allow you and third parties, like businesses, to communicate with each other using WhatsApp, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. For example, you may receive flight status information for upcoming travel, a receipt for something you purchased, or a notification when a delivery will be made. Messages you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spammy experience; as with all of your messages, you can manage these communications, and we will honor the choices you make. Information You And We Share You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services. Account Information. Your phone number, profile name and photo, online status and status message, last seen status, and receipts may be available to anyone who uses our Services, although you can configure your Services settings to manage certain information available to other users. Your Contacts and Others. Users with whom you communicate may store or reshare your information (including your phone number or messages) with others on and off our Services. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share. Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you. Third-Party Services. When you use third-party services that are integrated with our Services, they may receive information about what you share with them. For example, if you use a data backup service integrated with our Services (such as iCloud or Google Drive), they will receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. Affiliated Companies We joined the Facebook family of companies in 2014. As part of the Facebook family of companies, WhatsApp receives information from, and shares information with, this family of companies. We may use the information we receive from them, and they may use the information we share with them, to help operate, provide, improve, understand, customize, support, and market our Services and their offerings. This includes helping improve infrastructure and delivery systems, understanding how our Services or theirs are used, securing systems, and fighting spam, abuse, or infringement activities. Facebook and the other companies in the Facebook family also may use information from us to improve your experiences within their services such as making product suggestions (for example, of friends or connections, or of interesting content) and showing relevant offers and ads. However, your WhatsApp messages will not be shared onto Facebook for others to see. In fact, Facebook will not use your WhatsApp messages for any purpose other than to assist us in operating and providing our Services. Learn more about the Facebook family of companies and their privacy practices by reviewing their privacy policies. Assignment, Change Of Control, And Transfer All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. Managing Your Information If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools: Services Settings. You can change your Services settings to manage certain information available to other users. You can manage your contacts, groups, and broadcast lists, or use our block feature to manage the users with whom you communicate. Changing Your Mobile Phone Number, Profile Name and Picture, and Status Message. You must change your mobile phone number using our in-app change number feature and transfer your account to your new mobile phone number. You can also change your profile name, profile picture, and status message at any time. Deleting Your WhatsApp Account. You may delete your WhatsApp account at any time (including if you want to revoke your consent to our use of your information) using our in-app delete my account feature. When you delete your WhatsApp account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be mindful that if you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them. Law And Protection We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, WhatsApp, the Facebook family of companies, or others. Our Global Operations You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country. Updates To Our Policy We may amend or update our Privacy Policy. We will provide you notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time. Contact Us If you have questions about our Privacy Policy, please contact us. WhatsApp Inc. Privacy Policy 1601 Willow Road Menlo Park, California 94025 United States of America Jetstar Conditions of Carriage Article 1: General 1.1 Definitions In these Conditions (where not inconsistent with the context): “Airline Designator Code” means the two or three letter or number code issued by IATA to identify a Carrier and its flights. For example, Tigerair Australia’s Airline Designator Code is ’TT’. “Authorised Agent” means a duly licensed passenger sales agent who is authorised by Tigerair Australia to represent Tigerair Australia and sell Tigerair Australia services. “Australian Domestic Travel” means carriage wholly within Australia which is not part of International Travel. “Baggage” means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked Baggage, Cabin Baggage and Sporting Equipment. “Baggage Identification Tag” means a document issued by us solely for identification of Checked Baggage. “Booking” means the details we have relating to a Journey by you as evidenced by the Flight Confirmation. “Cabin Baggage” means any Baggage, other than Checked Baggage, brought by you into the aircraft cabin and may include Sports Equipment. “Checked Baggage” means Baggage we take custody of for carriage in the hold and for which we issue a Baggage Identification Tag and may include Sporting Equipment. “Codeshare Service” means a service which has a “TT” flight number but which is not operated by a Tiger Australia airline. “Conditions” means these Conditions of Carriage, including all Policies, rules and other requirements referred to in the Conditions “Convention” means (as applicable): the Convention for the Unification of Certain Rules Relating to International Carriage by Air (1929) (“ Warsaw Convention”); the Warsaw Convention as amended at The Hague (1955); the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975); the Guadalajara Convention (1961); and the Montreal Convention (1999) ("Montreal Convention"); “Credit, Credit Account, Flight Credit” means a flight credit which provided by us in certain circumstances for use on Tigerair Australia services only. “Compensation Policy” means Tigerair Australia’s compensation policy as amended from time to time and published on our Website. “Damage” includes death or bodily injury to a Passenger, delay, loss, partial loss or other damage including to Baggage, arising out of or in connection with carriage or other services provided by us. “Days” means a full calendar day. For the purpose of notification, the day upon which notice is dispatched shall not be counted. “Destination” means the last destination shown on your flight confirmation. When not capitalised, destination refers to a generic point of arrival. “Disruption” means a delay or cancellation within 72 hours of the flights’ scheduled departure time “Domestic Flight” means carriage wholly within Australia. “Events Beyond Our Control” means events such as severe or inclement weather, natural events, strikes, security incidents, force majeure, or other events that may affect our ability to provide air transport as planned. “Events Within Our Control” means events such as aircraft maintenance or crewing shortages, or other events within our reasonable control that may affect our ability to provide air transport as planned; “Fare Rules” means those additional terms and conditions attaching to the transport and services the subject of the Booking (of which you are notified at the time of booking and which are available on our Website); “Flight Confirmation” means the documents issued, electronically or otherwise, by us confirming a Booking and containing a booking reference number. “International Flight” means carriage by air between two countries. “International Travel” means international carriage as defined in the Convention and includes any Domestic Flight which forms part of an international trip. “Journey” means a flight or flights pursuant to a Booking and includes flights purchased in full or in part using Velocity Frequent Flyer points. “Laws” means the laws of any nation which apply to your travel. “Loss” means any injury, loss, damage, fine, charge, cost or expense, including consequential or indirect loss, loss of savings, business opportunities, revenue, profit and/or damage to goodwill; “Passenger” means any person, except members of the crew, carried or to be carried in an aircraft with our consent. “Policies” means Tigerair Australia’s policies in relation to various aspects of travel, including Baggage, Compensation Policy and policies regarding the carriage of passengers requiring special assistance. Policies are published on our Website. “Privacy Policy” means Tigerair Australia’s privacy policy as published on our Website and amended by us from time to time. “SDR” means a Special Drawing Right of the International Monetary Fund. “Sector” means the flight from the airport at the point of origin to the airport at the point of destination. “Seat” means a seat in our aircraft. ”Schedule Changes means a schedule change outside of 72 hours of the flights’ scheduled departure time. “Sporting Equipment” means any sports equipment brought by you, which may be carried on a Tigerair service as either Cabin Baggage or Checked Baggage in accordance with our Policies. “Tariffs” means our fares and charges published electronically or on paper and the conditions applicable thereto. “Tigerair Australia” means 'Tiger Airways Australia Pty Limited ABN 52 124 369 008'. “Travel Extras” means products or services purchased in addition to your fare such as cabin+, check-in luggage, queue jump, pre-order meals and seat selection. “Virgin Australia International” means Virgin Australia International Airlines Pty Ltd (ACN 63 125 580 823). “We, our, ourselves, us and Tigerair Australia” means 'Tiger Airways Australia Pty Limited ABN 52 124 369 008, Tiger International Number1 Pty Ltd (ACN 606 131 944) and Virgin Australia International Airlines Pty Ltd (ACN 63 125 580 823). “Website” means the internet site https://tigerair.com.au/ and any information contained there. References throughout these Conditions to particular web pages include all material found on the Website. "you, your" means you, the Passenger. Article 2: Before Your Flight 2.1 Your Health You should be aware of health and safety issues which are relevant to you, and advise us about any health issues which affect your safety or health and the safety or health of others at the time you make your Booking. You should consult your doctor and then notify your Authorised Agent or our contact center. Risks Inherent to Being Seated for Extended Periods of Time. Sitting for extended periods of time may be a risk factor for some people forming blood clots in the legs, known as Deep Vein Thrombosis (DVT). You should discuss with your doctor whether you are at risk of suffering DVT, and if so, what preventative measures you should take. Privacy of your health information. We will handle any health information you provide to us in accordance with our Privacy Policy. 2.2 Passports, Visas and Authorisations – International Travel It is your responsibility to comply with all Laws, regulations and orders of your chosen destinations. You should consult with the government which issued your passport, and consider the following: You must have a valid passport with a minimum expiry date of 6 months to travel with us. If your passport has an expiry date of between 6 months and 12 months, we recommend you check whether this is sufficient for your chosen destinations and time away; Check with the government which issued your passport, and the consulates of your chosen destinations, to see whether you need a visa or other travel document, or other information such as vaccination records; and Find out about any dangers to your health and safety at your chosen destinations. The items set out in paragraph 2.2(a) are given as a guide only. It is your responsibility to ensure that you have all required authorisations and documentation for your travel. Any assistance which we may provide you in this area does not release you from your obligation. You should check relevant government websites to find out about any dangers and risks to your health and safety at your chosen destination. You can do this by checking with government agencies like the Australian Department of Foreign Affairs. 2.3 Adequate Travel Insurance Protection Travel may involve many risks to a passenger’s health and safety and possible exposer to liability. Tigerair Australia’s liability to passengers is limited therefore it is recommended passengers take out adequate travel insurance to cover themselves in such circumstances Article 3: Applicability 3.1 Carriage By Air These Conditions apply to the carriage by air of Passengers and Baggage performed by us or on our behalf and to any liability we may have to you in relation to that carriage and transportation. If we transport you or arrange to transport you by means other than aircraft, e.g. by bus, train or boat, or arrange accommodation or car rental, we do so only as an agent. There may be additional or different conditions of carriage applicable to those arrangements. Where these include limitations of liability that are lower than the limitations of liability in these Conditions, the lower limitation will apply to your non-aircraft arrangements. If we arrange travel for you on a flight with another airline’s Airline Designator Code, we do so only as agent for that airline and the other airline’s conditions of carriage will apply. We will only be liable for Damage occurring during a Journey on Tigerair Australia. Some Tigerair Australia flights may be operated by Virgin Australia International. These services utilise Virgin Australia International flight crew and aircraft with Tigerair Australia interior configuration, livery, product and cabin crew on board. These Conditions apply to your carriage on all flights marketed by Tigerair Australia, including any flights operated by Virgin Australia International. 3.2 Conditions Prevail Except as provided in these Conditions, in the event of inconsistency between these Conditions and any provision of any other Policies we may have dealing with particular subjects, these Conditions shall prevail. If any of these Conditions is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Conditions and the other conditions will remain valid. 3.3 Language The language of these Conditions is English and even though there may be translations of these Conditions in other languages, English shall be the sole language used in the interpretation of these Conditions. 3.4 Overriding Laws If these Conditions or any of them are inconsistent with any Laws, those Laws shall apply to the extent of such inconsistency. The invalidity of a provision of these Conditions shall not affect the validity of any other provision. Nothing in these Conditions is intended to exclude or restrict the application of any Law. Passengers may have rights under the Australian Consumer Law, as provided by Schedule 2 to the Competition and Consumer Act 2010 (Cth). Such rights include consumer guarantees that services we provide to Passengers will be carried out by us with due care and skill, will be fit for the purpose disclosed and will be supplied within a reasonable time. These Conditions do not exclude or limit these guarantees. 3.5 Requirement to Comply You must comply with these Conditions and all applicable Laws, regulations, orders and notifications in force relating to air transport and all instructions issued by us at any time including during flight Article 4: Validity 4.1 Prima Facie Evidence Of Contract The Booking is prima facie evidence of the contract for carriage between a Passenger and us. Carriage of a Passenger is entirely subject to these Conditions, applicable Laws and any authorized direction given by or on behalf of Tigerair Australia to the Passenger. 4.2 Validity The Booking is only valid for the Passenger(s) named and the flight(s) specified in the Flight Confirmation subject to any subsequent changes in accordance with these Conditions. A Booking expires if the passenger has not travelled by the date of departure. In such a case, there will be no refund except as provided under the Australian Consumer Law. A Booking may be changed prior to the date of travel, in accordance with these Conditions and any relevant Policies, and is subject to any relevant charges and fare difference as set out on the Website. Article 5: Marketing and Promotional Material You consent to receiving electronic messages and marketing communications from us containing marketing and promotional material, and subject to any applicable Laws, agree that we do not need to include an "unsubscribe" facility in any electronic message sent to you for the purposes of the Spam Act 2003 (Cth). We may contact you by text message, email or other digital service (such as through our applications that you install on your device such as mobile or iPad), phone or post to let you know about our flight specials and promotions, any new or existing products or services, and those of our related companies and partners, that may be of interest to you pre and post flight. You will receive these communications even if you have not subscribed to tigermail. You can read more about our marketing practices in our Privacy Policy, including how to manage your marketing communications preferences. Article 6: Fares 6.1 Fares Correct At Time Of Publication All fares, flight schedules and routes published are correct at the time of publication. We reserve the right to revise our fares and flight schedules at any time without prior notice. 6.2 What Is Included In Your Fare Your fare covers only carriage from the airport at the point of origin to the airport at the point of destination. It does not cover ground transport services between airports and between airports and town terminals unless specifically stated by us. Unless specified at the time of making a Booking, your fare does not include meals, refreshments ,checked baggage or any other travel extras. We may charge for these services along with a reasonable administration fee. Unless we state otherwise at the time of making a Booking, we are not responsible to you for your failure to meet any connecting flights, whether on us or any other airline. Fares will be calculated in accordance with our Tariff in effect on the date of payment for the Booking for the flight or flights concerned. Any approved flight change may be subject to additional charges, as specified in these Conditions or on our Website. 6.3 Infants An infant under the age of two (2) years on the date of travel may fly at the prevailing fee per Sector provided the infant is carried on an adult's lap. Only one (1) infant is allowed per adult. No baby seats or perambulators are allowed in the cabin of the aircraft. A child aged two (2) or over will require a separate Booking and Seat like any other Passenger. No infant less than seven (7) Days old will be accepted for carriage. Carriage of infants is subject to the conditions outlined on the Website. 6.4 Taxes, Fees And Other Charges Any tax, fee or charge imposed by a government or other authority or by an airport operator in respect of your use of any services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such taxes, fees and charges imposed on air travel may change from time to time and can be imposed even after the date that your Booking has been confirmed. You shall nevertheless bear such tax, fee or charge as and when they fall due prior to departure unless otherwise stated. 5.5 Currency Fares and charges are payable in the currency stated with our published fares unless otherwise specifically agreed by us. Article 7: Booking of Seats / Reservations 7.1 Reservation Requirements Fares must be paid in full when a Booking is made. If for any reason whatsoever the fare has not been paid in full when a Booking is confirmed, we reserve the right to cancel the Booking at any time prior to check-in and/or to disallow you to board the aircraft. Your Booking is valid only after full payment of the fare is made and after we issue you an Flight Confirmation. Once confirmed, except as provided in these Conditions and under the Australian Consumer Law, the Booking cannot be cancelled and payments made are not refundable. You may be required to produce any credit card used in making a Booking. Reservations for passengers travelling in groups of ten (10) or more are subject to the instructions for carriage of groups which are set out on the Website. 7.2 Flight Or Name Change After purchase, you may be able to change your flight or change the name of the Booking, subject to availability at the time the change is made and payment of the prevailing fare difference and applicable fees and charges as outlined on the Website. Except to the extent provided under the Australian Consumer Law, if a Booking is changed there will be no refund if the new fare is lower. Other than set out here, a Booking may not be changed after purchase; and not in any case after the specified date and time of the flight. 7.3 Personal Information You agree that your personal information will be managed in accordance with our Privacy Policy. Our Privacy Policy is available on our website. If you would like to receive our Privacy Policy by post, please contact our Customer Care Centre. We are required to collect your personal information in order to process your Booking and to communicate with you about your Booking. If we cannot collect from you the minimum amount of personal information required to complete your Booking, we will not be able to process your Booking, and a contract of carriage is not formed with us. 7.4 Seating You may have requested to be placed in a certain Seat and/or cabin area during the booking process, through an agent or through our Customer Contact Centre. We may charge you a fee for these services. We will endeavour to accommodate your Seat request. However, we do not guarantee you any particular Seat. We may change your Seat at any time, even after you have boarded the aircraft for any reason, including for safety or operational reasons. You agree to accept any Seat that is made available to you on-board the aircraft by our flight crew. No smoking is permitted on any of our flights. Article 8: Check-in and Boarding 8.1 Check-in Deadlines And Conditions Domestic Travel In order to check-in for a flight, you must check-in before the Check-in Deadline and follow the instructions for airport or web check-in, which are set out in our Website. Check-in for Domestic Flights closes strictly 45 minutes prior to the departure of your scheduled flight time regardless of whether you are travelling with or without Checked Baggage. Tigerair Australia reserves the right in any event, not to accept you for travel if you arrive at our airport check-in counter less than 45 minutes before the scheduled departure time of your flight ('Check-in Deadline'). It is your responsibility to ensure that you comply with these deadlines and instructions. You will not be able to check-in after the Check-in Deadline and you will not be able to check-in at the boarding gate. If you arrive late we will not hold the flight for you. Except to the extent provided under the Australian Consumer Law, if for any reason whatsoever you fail to check-in on time no refund will be given. You are required to keep any documents we give you at check-in (such as your boarding pass and checked baggage receipt) until you complete your flight. You must allow us to make copies of these documents for security requirements and as required by law. International In order to check-in for an International Flight, you must check-in before the check-in deadline (as set out on your Flight Confirmation or on our Website) and follow the instructions for check-in, which are set out in our Website. Check-in for International Flights closes strictly 60 minutes prior to the departure of your scheduled flight time regardless of whether you are travelling with or without Checked Baggage. Tigerair Australia reserves the right in any event, not to accept you for travel if you arrive at our airport check-in counter less than 60 minutes before the scheduled departure time of your flight ('Check-in Deadline'). It is mandatory you bring with you a valid passport with minimum six (6) months validity, your Flight Confirmation/electronic ticket, and all necessary travel documentation for your Destination and your stopovers. It is your responsibility to ensure that you comply with these deadlines and instructions. You will not be able to check-in after the Check-in Deadline and you will not be able to check-in at the boarding gate. If you arrive late we will not hold the flight for you. Except to the extent provided under the Australian Consumer Law, if for any reason whatsoever you fail to check-in on time no refund will be given. You are required to keep any documents we give you at check-in (such as your boarding pass and checked baggage receipt) until you complete your flight with us. You must allow us to make copies of these documents for security requirements and as required by Law. 8.2 Identity Requirements For Boarding Whether you use web check-in or check-in at the airport, you may be required to present certain information relating to your flight and identity before you will be allowed to board. This must include the Flight Confirmation for the flight and acceptable forms of identification. For Domestic flights this needs to be a current form of identification and for International Flights it needs to be a valid passport with the required validity period of six (6) months. See our Website for further information. For infants not requiring their own seat, proof of age (under 2 years) may be required, such as birth certificate for Domestic Flights or a passport for International Flights. Infants not requiring their own Seat may be refused carriage or required to purchase a Seat if satisfactory proof of age (under 2 years) is not provided. 8.3 Boarding Domestic You must arrive at the boarding gate (after checking in) no later than thirty (30) minutes prior to the scheduled departure time of your Domestic Flight or as otherwise stated on your Flight Confirmation or as advised to you at check-in Boarding closes ten (10) minutes prior to departure. Except to the extent provided under the Australian Consumer Law, passengers arriving late at the boarding gate will not be accepted for travel, their bags will be offloaded and no refund given. For travel on a later flight, you will be required to make a new booking at the applicable fare. International You must complete all departure formalities (such as clearing Immigration) after checking in and arrive at the boarding no later than forty (40) minutes prior to the scheduled departure time of your International Flight or as otherwise stated on your Flight Confirmation or as advised to you at check-in. Boarding closes fifteen (15) minutes prior to departure. Except to the extent provided under the Australian Consumer Law, passengers arriving late at the boarding gate will not be accepted for travel, their bags will be offloaded and no refund given. For travel on a later flight, you will be required to make a new booking at the applicable fare. 8.4 Compliance, Security Inspections You are solely responsible for complying with all Laws, regulations, orders, demands and requirements of any country, state or territory on any part of your journey and with these Conditions, notices and instructions given by us relating thereto. You shall submit to any security or health checks by government or airport officials or by us. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such Laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such Laws, regulations, orders, demands, notices, requirements or instructions. 8.5 Travel Documents You are solely responsible for obtaining and must possess and have available for presentation as required by us or the relevant authorities all entry and exit, health and other documents required by Law, regulations, order, demands or requirements of any country, state or territory on any part of your journey, including stopover or connecting points. All passengers travelling on International Flights must possess valid passports with at least six (6) months' validity (or longer, depending on your destination country) and the applicable valid visas. Passengers should also possess a return or an onward journey ticket if required by law. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable Laws, regulations, orders, demands or requirements. Further details of the requirements are set out on our Website. 8.6 Refusal Of Entry, Fines, Detention Costs, etc You agree to pay the applicable fare, penalties and fines whenever we, on order of any government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into any country, state or territory on any part of your journey. Except to the extent provided under the Australian Consumer Law, in such circumstances we will not refund the fare to you. If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your inadmissibility into or your failure to comply with any Laws, regulations, orders, demands or other requirements of any country, state or territory on any part of your journey, you shall on demand reimburse us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession. 8.7 Dress standards. Tigerair Australia has a minimum dress requirement when you are travelling with us. You must wear: Footwear (thongs are acceptable)- all adults and children who are capable of walking must wear suitable footwear. Shorts/Skirts/pant or trousers – Suitable clothing that covers your bottom half. A top (singlets are acceptable) Please note if the clothing you are wearing displays offensive language or symbols you, will not be permitted on our flights. If you do not meet our minimum dress requirements you will be denied travel until you are dressed appropriately. Article 9: Flight Combinations, Codeshare and Interline 9.1 Flight Combinations Tigerair Australia may offer two or more flight Sectors for sale in the same Booking. All Passengers travelling on a Journey of more than one Sector must clear customs and immigration, where applicable, and have reclaimed any Checked Baggage before checking in for their onward flight. A minimum of three hours must be allowed in order to complete such arrival and check-in formalities. Passengers are not allowed a stopover of more than 24 hours. 9.2 Missed Connections Subject to the provisions of these Conditions and any applicable Laws, Tigerair Australia shall not be liable in any way whatsoever for any Loss incurred by a Passenger as a result of a missed connection, howsoever caused. 9.3 Codeshare On some routes Tigerair Australia may offer services together with other airlines, placing Tigerair Australia’s Airline Designator Code (TT) on flights operated by other airlines under codeshare agreements. This means that even if you have made a Booking with us for a Tigerair Australia flight showing 'TT’ as the Airline Designator Code, you may travel on another airline’s aircraft. We will notify you if a service is a Codeshare Service (by specifying this on our Website or on your Flight Confirmation).Subject to the provisions of this Article 8.2, these Conditions apply to Codeshare Services. The operating carrier of each Codeshare Service is our agent for the purpose of exercising our rights under these Conditions if it is not possible for us to exercise our rights directly. Codeshare Services are operated by different carriers and different types of aircraft (for example, single-aisle jets). Accordingly, services and facilities offered by us on our own aircraft (such as cabin classes, in-flight entertainment and services for passengers with special needs) may not be available on all Codeshare Services. Different or additional rules may apply to Baggage on Codeshare Services. You should refer to the operating carrier’s website, our Website (if applicable) for further information. 9.4 Interline At times you may also travel on services which we sell but which are operated by other carriers under those carriers’ flight numbers and Airline Designator Codes. If we issue you an Flight Confirmation or a Ticket for carriage on another carrier’s flight and Airline Designator Code, we do so only as agent for that carrier, and that carrier’s conditions of carriage will apply. The operator's conditions of carriage may significantly limit or exclude liability. You should refer to the operating carrier’s website for further information. Article 10: Refusal And Limitation Of Carriage 10.1 Right To Refuse Carriage We may refuse carriage of you or your Baggage if any of the following circumstances apply or we reasonably believe will apply: For reasons of safety or security or to ensure the health, comfort and well-being of other passengers or crew; In order to comply with any applicable Laws, regulations or orders of any state or country to be flown from, into or over or any government or other authorities prohibit your checking in or boarding the aircraft; Your conduct, age, mental or physical condition or the physical condition of your Baggage is such as to require special assistance beyond which we provide or involves any hazard or risk; You have committed misconduct on a previous flight and such conduct may be repeated; You have not observed, or are likely to fail to observe our instructions; You have refused to submit yourself or your Baggage to a security check; The applicable fare or any charges or taxes payable have not been paid; or credit arrangements agreed between us and you (or the person paying the fare) have not been adhered to; You do not have or appear not to have the proper documents for travel, you fail to have or provide such proper identification as we may require or you fail to adequately identify yourself to our staff; The payment of your fare or the booking of your Seat involves any fraud or other unlawful activity or has been purchased from a person not authorised by us or is counterfeit; The credit card by which you paid for the fare has been reported lost or stolen; The Flight Confirmation has been altered by anyone other than us or our authorized agent, or has been mutilated or is otherwise unreadable; The person checking in or boarding cannot prove they are the person named as the Passenger on the Flight Confirmation; If you attempt to check-in at the airport after closure of the airport check-in counters; If we believe for any reason you are not fit to travel; or If you do not possess, or do not appear to possess, valid travel documents from your country of origin or for your destination, you attempt to destroy or have destroyed your travel documents en-route. You may be refused entry, be requested to leave the aircraft or other means of transport or be physically restrained or removed and we are not liable for any Loss which you incur as a result of any of the circumstances referred to above. We may also cancel any future flights you have with us on your Flight Confirmation. 10.2 Unaccompanied Child Subject to the instructions and conditions set out on our Website, a Child below the age of twelve (12) will not be accepted for carriage unless they are accompanied by an adult passenger aged fifteen (15) or above, who will take full responsibility for the Child. A Child aged twelve (12) to fourteen (14) inclusive may be accepted for unaccompanied carriage. Parents and guardians must remain at the airport until the departure of the flight. Persons aged fifteen (15) or over may travel unaccompanied. 10.3 Passengers With Reduced Mobility And Requiring Special Assistance We are not able to provide supervision for those Passengers who cannot travel alone. We are able to provide limited assistance, as set out in our Special Assistance Policy. On any flight, Tigerair Australia can carry only a maximum of two (2) Passengers with Reduced Mobility who require special assistance at the airport or on board. We must be notified of the condition/requirements at least five (5) Days before the scheduled departure. Failure to notify us in advance will result in the service being unavailable on your arrival at the airport and you being refused carriage. There may be a fee charged for some services. The services may not be available on all routes due to local airport limitations. 10.4 Visually Impaired Passengers Such Passengers are permitted for carriage subject to the terms of our Special Assistance Policy. 10.5 Pregnant Passengers If you are 28 weeks pregnant or more, you will be required to carry a letter from your doctor or midwife, dated no more than 10 days prior to travel, outlining the estimated due date, whether you are a single or multiple pregnancy, the absence of complications, and your fitness to fly for the duration of the flight(s) booked. If you do not provide a letter satisfactory to us, we may refuse to carry you on our flights. Pregnant passengers are unacceptable for travel on flights less than 4 hours from the beginning of 41 weeks for a single pregnancy or from the beginning of the 37th week for a multiple pregnancy. On flights greater than 4 hours pregnant passengers will not be accepted for travel from the beginning of the 37th week for a single pregnancy or from the beginning of the 33rd week for a multiple pregnancy. Some countries may place restrictions on the entry of non-citizen pregnant women. Passengers are responsible for checking with the relevant authorities to confirm if there are any such restrictions prior to travel. Article 11: Baggage 11.1 Baggage Allowances You may carry a limited amount of Cabin Baggage with you onto the aircraft free of charge, provided it complies with these Conditions and the size and weight rules set out on our Website. Infants not occupying a Seat do not have a baggage allowance. Pram, wheelchairs, scooters and walking frames are checked in free of charge. Other than Cabin Baggage, there is no free allowance and the carriage of any Checked Baggage (including Sporting Equipment which must be carried as Checked Baggage) is subject to these Conditions and the allowances, restrictions and payment of charges as set out on our Website. You should purchase an appropriate allowance for your Checked Baggage at the time of booking. Any Checked Baggage in excess of this pre-purchased amount, any single item of Checked Baggage in excess of thirty (30) kg (or in the case of Sporting Equipment carried as Checked Baggage, any single item in excess of twenty (20) kg) or any Baggage presented at check-in for which no allowance has been pre-purchased is carried at our discretion and subject to space availability and the payment of the prevailing excess baggage fee. 11.2 Items Unacceptable As Baggage Or To Be Carried Inside Baggage We reserve the right to refuse carriage of such Baggage or such items found in Baggage as follows: Items not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling. Items likely to endanger the aircraft or persons or property on board the aircraft, including but not limited to those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA). Items the carriage of which is prohibited by the applicable Laws, regulations or orders of any state or country to be flown from, to or over. Items we consider are unsuitable for carriage by reason of their weight, shape, size or character. Fragile or perishable items. Live or dead animals. Human or animal remains. Firearms and ammunition. Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills), refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents), flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium), corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches). Weapons, such as antique firearms, swords, knives and similar items. Battery operated small recreational vehicles such as self-balancing boards, hover-boards or aero wheels. Any Sporting Equipment we expressly prohibit in our Policies. We reserve the right to refuse to allow you to carry on board baggage which exceeds our published weight and size restrictions or other requirements. Should we refuse to allow you to carry such an item on board, it will be offloaded and either not carried or carried as Checked Baggage. If any items referred to in any part of this paragraph are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of Baggage. 11.3 Items That May Be Carried As Or Inside Baggage Certain items, including dry or non-perishable food, may be permitted for carriage, subject at all times to compliance to the rules and instructions on the Website, along with the payment of any applicable fees. Note: Tigerair Australia does not permit the carriage of fresh or frozen seafood and/or meat. 11.4 Valuable And Fragile Goods Valuable or fragile items such as money, jewellery, precious metals, silverware, electronic devices, computers, cameras, video equipment, mobile phones, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like, should not be carried in Checked Baggage. If such items are included in Checked Baggage, you agree you send for carriage such items at your own risk. Our liability to you for damage or Loss to your Checked Baggage is limited (see Article 14) and we will use all available defences against any claim arising from the carriage of items as set out in this clause. 11.5 Right To Search For reasons of safety and security, we may require you to undergo a search, x-ray or other type of scan on your person or your Baggage by us, government or airport officials. You must attend with your Baggage if required and we reserve the right to search your Baggage in your absence. If you fail to comply with such searches or scans, we reserve the right to refuse carriage of you and your Baggage without refund of fare (except to the extent provided under the Australian Consumer Law) to you and without any other liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our negligence. 11.6 Checked Baggage Baggage may be checked in prior to the scheduled departure of a flight at such times and according to the instructions set out on the Website. Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have your name or other personal identification affixed securely to it. We may carry your Checked Baggage on another flight than you for safety, security or operational reasons. If your Checked Baggage is carried on a subsequent flight we will deliver same to you within a reasonable time of arrival of that flight unless applicable Law requires you to be present for customs clearance or requires delivery within a specific time. 11.7 Collection And Delivery Of Baggage You shall collect your Baggage as soon as it is available for collection at your destination. If you do not collect it within a reasonable time and the Baggage needs to be stored, we may charge a storage fee. If Checked Baggage is not claimed within 14 Days of the time it was made available to you, we may dispose of it without any liability to you. Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked is entitled to delivery of Baggage. If we have Baggage you claim is yours but you are unable to produce a Baggage Identification Tag, we will deliver the Baggage only if you establish to our satisfaction your right to the Baggage and if required by us furnish adequate security to indemnify us for any Loss, damage or expense which may be incurred by us as a result of such delivery. Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is reasonable evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage between us unless you prove otherwise. Article 12: Schedules Changes and Disruptions 12.1 We will use all reasonable endeavours to provide to you the mode of transport or services the subject of the Booking but, in circumstances beyond our control, we may without notice substitute other means of transport or service. These Conditions apply to any such substituted transport or services and, subject to the consumer guarantees and other applicable Laws referred to in paragraph 2.4, we will not be liable for any Loss you may incur as a result of any such substitution. In addition, we operate a number of different aircraft types with unique equipment, interior layout and service offerings and do not guarantee that you will travel on a particular aircraft type or will be able to utilise in-flight entertainment systems. 12.2 If you are landed at a destination other than that specified in the Booking, we will make all reasonable endeavours to take you to the specified destination but we do not have any obligation to you in relation to the time this will take nor the means of transport that will be used. 12.3 When you make a Booking, we or an Authorised Agent will tell you the scheduled time of your flights. These times will also be noted on your Itinerary and may be noted on your booking. If we change the time of your flight, we will make reasonable attempts to contact you or your Authorised Agent, using the contact details you have provided us. We do not guarantee that we will contact you, and so you should check prior to your flight to make sure your flight times have not changed. 12.4 We will try to ensure that you and your Baggage depart and arrive as close as possible to the scheduled times. However, we do not guarantee flight times or schedules, and they do not form part of your contract of carriage. 12.5 Schedule Changes. Schedule Changes will occur outside of 72 hours of departure. You may be offered alternative travel options depending on the type of changes involved in accordance with our Compensation Policy. Changes to your reservation will be communicated via email. It is the Passenger's responsibility to ensure the email address provided is current and accessed frequently. Once you accept a Schedule Change, this will be considered final and confirmed. Any subsequent changes to your Booking must be made in accordance with the Fare Rules and these Conditions. We are not liable to you for any Loss you may incur in the event emails advising of changes to bookings are not accessed. 12.6 Disruptions Events Beyond Our Control: we may need to cancel or delay and reschedule flights or services due to industrial action, landing restrictions, airport loading restrictions, unsuitable weather conditions, technical problems, operational reasons, or any event beyond our reasonable control, and scheduled flight times or destinations are not guaranteed. Subject to the consumer guarantees referred to in clause 3.4 and to the extent permitted by any applicable Laws, we are not liable for any Loss which you may incur as a result of any such delayed or rescheduled flight or services. However, we will use reasonable endeavours to provide you with the assistance set out in our Compensation Policy for Events Beyond Our Control. Events Within Our Control: if you suffer Loss as a result of Events Within Our Control, you may be compensated by us in accordance with our Compensation Policy. Subject to the consumer guarantees referred to in clause 3.4 and to the extent permitted by any applicable Laws, we are not liable to you for any other Loss you may incur as a result of such event. 12.7 Denied Boarding If as a result of over-booking we are unable to provide you with previously confirmed space on any flight, you may be entitled to compensation in accordance with our Policies. 12.9 Flight Credit Where we provide you with a Flight Credit, we will do so in accordance with these Conditions, our Customer Compensation Policy and any applicable Fare Rules. Flight Credits must be used within the timeframe we advise you. Credits are non-transferrable and cannot be redeemed for cash. 12.10 Substituted Services Nothing in these Conditions requires Tigerair Australia to transfer a customer to Virgin Australia services. Article 13: Refunds 13.1 General Except where provided in these Conditions and under the Australian Consumer Law, your fare and travel extras are non-refundable. 13.2 Taxes If after having made a reservation you do not fly with us, whether or not a refund of the fare is payable, you will be entitled to claim a refund of any taxes paid and payable by you, which as a consequence we have no obligation to pay to any government or other authority. If despite a flight being available you fail to fly with us for any reason, we will deduct an administration fee from any such refund. 13.3 Proper Person/Mode Of Refund In the event that we make a refund, it shall be made in the same mode of payment as was originally made and to the person who paid for the booking. We may require proof of identification and payment. 13.4 Currency All refunds will be subject to applicable Laws, rules and regulations or orders of the country in which the booking was made. Refunds may be made in any currency. For Domestic Flights, all refunds will be made in Australian Dollars. For refunds processed in currencies other than Australian Dollars, the amount of a refund may fluctuate based on the prevailing currency exchange rate at the time the refund is processed. Article 14: Conduct Aboard Aircraft 14.1 Control Of Passengers We may take all reasonable measures to maintain the comfort, safety and security of our aircraft, crew and Passengers. We may restrain or offload you if you conduct yourself on board the aircraft so as to endanger the aircraft or any person or property on board, or obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew or cause discomfort, inconvenience, damage or injury to other Passengers or the crew. You may be disembarked at any point and refused further carriage and may be prosecuted for offences committed on board the aircraft. 14.2 Diversion Costs If as a result of your conduct we divert the aircraft for the purpose of offloading you, then you shall be liable for all Losses costs which we incur as a result of that diversion. 14.3 Use Of Equipment For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Filming and/or taking photos of crew on board the aircraft is prohibited unless prior written approval is received from Tigerair Australia. Operation of hearing aids and heart pacemakers is permitted. Article 15: Liability limitations 15.1 General. To the extent permitted by any applicable Laws or Conventions or these Conditions, we are not liable for or in connection with any: Loss sustained to Baggage, including (without limitation) Loss which is solely the result of normal wear and tear; illness, injury or death of any person, including (without limitation) any illness, disability or personal injury to you, or your death, caused or aggravated by the air travel where such travel posed a risk to you due to your age, physical or mental condition; Loss caused by your negligence or breach of these Conditions or your failure to comply with applicable Laws, regulations, orders or requirements of any applicable country; Loss caused by our compliance with applicable Laws, regulations, orders or requirements of any applicable country; Death, personal injury, delay or Loss caused by anything in your Baggage (and you agree to indemnify us for any death, injury, delay or Loss caused by your Baggage to other persons or property, including our property); or Loss arising out of or in any way connected to the provision of transport and other services to you (whether arising from negligence or otherwise) including, without limitation, any change to the transport or services described in or covered by the Booking or inaccuracies or errors in any information related to transport, services or pricing. Notwithstanding any other provision in these Conditions, we will rely on all limitations of liability and defenses under the Convention and any applicable Laws. We reserve all rights against any you and any other person, including rights of contribution and indemnity. 15.2 Australian Domestic Travel: Our liability is limited by the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth), complementary State legislation and these Conditions to: AUD$1,600 in respect of destruction, Loss or injury to your Checked Baggage; AUD$160 in respect of destruction, Loss or injury to your Cabin Baggage; and AUD$725,000 in respect of bodily injury to you or your death. If we are responsible in any way for your carriage by water, any liability is limited to the extent permitted by applicable legislation. 15.3 International Travel: Where your journey involves International Travel, then the Montreal Convention or the Warsaw Convention may govern and limit our liability for personal injury or death and for Loss, delay or Damage to Baggage, as follows: For bodily injury or death: where the Montreal Convention applies, we will not exclude or limit our liability for recoverable damages not exceeding 113,100 SDR for each passenger. However, we will not be liable for recoverable damages to the extent they exceed 113,100 SDR if we prove that the damage was not due to the negligence of us or our agents, or that the Damage was solely due to the negligence or other wrongful act or omission of a third party. where the Warsaw Convention applies, our liability for recoverable Damages is limited to 125,000 francs. However, we are not liable if we prove that we and our agents have taken all necessary measures to avoid the Damage or that it was impossible for us to take such measures. in the event the Conventions or other Laws do not apply, our liability for recoverable Damage is limited to 113,100 SDR per passenger. For passenger delay: we are not liable if we prove that we and our agents took all reasonable measures that could reasonably be required to avoid the Damage, or that it was impossible for us to take such measures; our liability for recoverable damages is otherwise limited by the Montreal and Warsaw Conventions; in the event the Conventions or other Laws do not apply, our liability for recoverable damages is limited to 4694 SDR per passenger. For loss, damage or delay to your Baggage: we are not liable for Cabin Baggage unless due to our fault; where the Montreal Convention applies, subject to any special declaration and payment by you, our liability is limited to 1131 SDR for recoverable damages, unless you prove that the Damage resulted from our intentional or reckless conduct, and we knew that Damage would probably result. where the Warsaw Convention applies, subject to any special declaration and payment by you, our liability is limited for recoverable damages to 5,000 francs for Cabin Baggage and 250 francs per kilogram for Checked Baggage, unless you prove that the Damage was caused by our wilful misconduct. If the weight of your Checked Baggage is not recorded on the baggage check, it is presumed that the total weight of your Checked Baggage does not exceed the applicable weight limit. in the event the Conventions or other Laws do not apply, our liability for recoverable damages is limited to 1131 SDR per passenger. The value of a SDR on a particular day is the sum fixed and published on the official website of the International Monetary Fund (IMF) for that day. The value of a franc is determined by reference to the rate of 6.55957 francs for 1 euroo 15.4 Notice Of Baggage Liability Limitations Liability for Damage to Baggage is limited as set out in these Conditions unless a higher value is declared in advance and additional charges are paid. 15.5 If Warsaw Convention Or Montreal Convention Not Applicable Where your International Flight is not subject to the liability rules of the Warsaw Convention or the Montreal Convention, the following rules shall apply: Any liability we have for Damage will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law. We will not be liable for Damage to Checked or Cabin Baggage unless such Damage is caused by our negligence and such Baggage was within our control or custody. Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage shall be limited to US$20 per kilogramme and in the case of Damage to Cabin Baggage shall be limited to US$400 per Passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the Baggage is not recorded on the Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed 15 kilogrammes. We will not be liable for any Damage arising from our compliance with applicable Laws or government rules and regulations or from your failure to comply with the same. Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law. We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property. We shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Cabin Baggage including but not limited to those items set out in clauses 10.2 and 10.4. We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition. All arrangements and services provided and payment(s) made by us to any handling agent in respect of assistance provided to Passengers with reduced mobility are solely as agent for and on behalf of you. You voluntarily assume all risk and danger in connection with the assistance provided to Passengers with reduced mobility including any death, personal injury, Loss or other, damage. Any claims for liability arising out of such services shall be directed to and dealt with by the handling agent. We, our agents and employees shall not be liable for any death or personal injury (unless such death or personal injury was caused by the gross negligence of us or our agents and employees) nor for any Loss or damage however caused. The contract of carriage, including these Conditions and exclusions or limits of liability, applies to our agents, servants, employees and representatives to the same extent as it applies to us. The total amount recoverable from us and from such agents, servants, employees and representatives shall not exceed the amount of our own liability if any. Nothing in these Conditions shall waive any exclusion or limitation of our liability under any applicable Convention or applicable local Laws unless otherwise expressly stated by us. We will not in any circumstances be liable for indirect or consequential damages and in no event will our obligations exceed any liability specified in these Conditions. Article 16: Time Limitation On Claims And Actions 16.1 Bodily Injury or Death Claims If: you have a claim for bodily injury; or your personal representative has a claim for your death, you or your personal representative as applicable, should notify us in writing as soon as possible of the claim. 16.2 Notice Of Claims - Baggage Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. 16.3 Baggage - Australian Domestic Travel. If you wish to make a claim from us in relation to damage or loss of Baggage, you must do so in writing as follows: in respect of damage to or loss or destruction of only part of Checked Baggage, within 3 days of you receiving the remainder of the Checked Baggage from us; or in respect of loss or destruction of a whole item of Checked Baggage, within 21 days from the date you should have received the Checked Baggage from us; or in respect of damage, loss or destruction of Cabin Baggage, within 7 days from the date the carriage ended. 16.4 Baggage - International Travel. If wish to make a claim from us in relation to damage or loss of Baggage, you must do so in writing as follows: in respect of damage to or loss or destruction of Checked Baggage (or part thereof), within 7 days of when you should have received the Checked Baggage from us; in respect of damage, loss or destruction of Cabin Baggage, within 7 days from the date when the carriage ended; or in respect of delay of Checked Baggage, within 21 days of when you receive the Checked Baggage from us. 16.5 Limitation Of Actions Any right to damages shall be extinguished if an action is not brought against us within two (2) years of the date of arrival at your Destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard. Article 17: Arrival Formalities and Administrative Requirements 17.1 Visas and entry documents. You are responsible for ensuring that you obtain and present at your Destination and any stopover, all required travel documents. We are not responsible or liable to you if you have failed to obtain, or you have lost, these documents. 17.2 Entry rules and requirements. You must also comply with all entry requirements, rules and regulations of your Destination or any stopover. This includes any immigration, customs and security requirements. We are not responsible or liable to you if you do not comply with these requirements, rules and regulations. 17.3 If you are refused entry or deported. If you are refused permission to enter a country during your journey on a Booking or are deported, then regardless of the reason for the refusal of entry or deportation: we will, if required by a governmental authority, transport you from the country that has refused you entry or deported you; you must pay for any Loss associated with the refusal of entry or deportation, including any fines and detention and repatriation costs; we will not provide you with a refund for your Ticket (except as required under the Australian Consumer Law), and may offset any unused sectors on your Booking or coupons of your Ticket (as applicable) to offset any Loss incurred by us as a result of your refusal of entry or deportation; and you must reimburse us for any fines, penalties, Loss, expenses or Damage which we incur as a result of you being denied entry or deported. Article 18: Law And Jurisdiction 18.1 Venue Unless otherwise provided by the Convention or any applicable law, government regulations, orders or requirements, these Conditions and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of Australia. Any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the courts of Australia. 18.2 Rights Of Third Parties A party that is not a party to the relevant contract of carriage shall not have any right to enforce any terms therein including these Conditions. 18.3 Modification And Waiver No employee, contractor, Authorised Agent or other person is authorised to vary these Conditions. However, our duly authorised employees and contractors may in certain circumstances waive rules applicable to your fare or amounts payable. A waiver on one occasion does not constitute a waiver on any other occasion. Jetstar Privacy Policy 1. About this policy Tigerair Australia is committed to protecting the privacy of your personal information. This Privacy Policy tells you how Tiger Airways Australia Pty Ltd (“we”/ “our”/ “us”) will handle your personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles. We also provide specific privacy collection notices relating to our particular services and practices, where required under Australian Privacy Principle 5 (“Privacy Statements”). You can access our Privacy Statements here. We will update our Privacy Policy if the way we handle personal information changes or as required by law. Updates to our Privacy Policy will be published on our website. 2. Collecting your personal information 2.1 Types of information we collect The personal information we collect will depend on your relationship with us and the service you have requested. It may include: your identity and contact details including: name, address, email address, phone number, date of birth, gender, passport or other identification details and photograph; payment information in connection with a booking or additional product or service purchased through our website or Customer Care Centre; itinerary and other travel related information (such as special assistance requirements); IP address or MAC address when using our website or mobile applications; if you use social media to interact with us, any information that you allow the social media site to share with us; and information relating to your dealings with us, including developing insights about you so that we can better understand your preferences and interests. 2.2 Collecting sensitive information We may collect health or other sensitive information about you: if relevant to your travel arrangements, for example, where you make a “Special Assistance” request, provide your dietary requirements or otherwise provide us with health information; have a medical condition and are required to complete a medical clearance form; or are involved in a safety investigation, complaint or claim. Depending on the circumstances in which we are collecting health information from you, we collect health information so that we can: establish your requirements and make any Special Assistance or other travel arrangements for you; process your medical clearance form; or investigate safety incidents or accidents, complaints or claims. By providing your health information to us, you consent to us collecting your health information and using and disclosing it for the purposes set out in this Privacy Policy. We will not use your health information for marketing purposes. 2.3 Anonymity Where possible, we will allow you to interact with us anonymously or using a pseudonym. For example, if you contact Customer Care with a general enquiry, you may choose not to provide your name unless we need it to adequately handle your enquiry. However, for most of our functions and activities we usually need your name and contact information. 2.4 How we collect personal information We collect your personal information in a number of ways. We may collect your personal information directly from you or in the course of our dealings with you, for example when you: provide personal information to us, for example, when you make or update a booking, subscribe to our email or other communications, enter a competition, provide feedback to us or otherwise interact with us; visit our website, social media channels or mobile applications; apply for a position with us; complete a form for us, such as medical clearance, claim and unaccompanied minor forms; or contact us by phone or through our website. We generally record our calls and so we will collect any personal information you provide during the call. We may also collect personal information about you from someone other than you. This may include our related entities and: a person who makes, changes or enquires about a flight or other booking on your behalf or who otherwise interacts with us on your behalf (such as a family member, travel or booking agents, sales agents or your employer or other representative as part of a corporate or group booking); recruitment agencies and previous employers, if you have applied for a position with us and with your consent; our service providers and contractors (such as ground handlers, customer contact centre operators, marketing agencies, data analytics providers and sales agencies, and payment fulfilment and fraud protection providers); our airline or non-airline partners, such as car rental providers, hoteliers, airport transfer and parking providers, travel insurance providers and foreign exchange services; and government agencies and regulatory authorities, including immigration and border security and police, and airport security. We may combine and/or compare personal information we hold about you with other information collected from, or held by, others. We do this to better understand your interests and preferences, which helps us to enhance your experience. More information about why we do this is provided under ‘Why we collect personal information’. 2.5 Why we collect personal information We collect your personal information so that we can provide you with our services and any products that you may have requested, to contact you and to carry out our functions and activities. The purposes for which we collect your personal information may include: processing and making arrangements for your booking and any additional products or services you requested during the booking process; verifying your identity; communicating with you before and after your flight, including to provide flight updates and request your feedback; communicating with our airline or non-airline partners in connection with service offers and discounts made available when you book with us; communicating with your travel or booking agent about your booking and your experience with us; determining issues of passenger safety, security and other requirements, including special assistance requirements and medical fitness to fly; providing and operating our competitions, promotions and events; contacting you with marketing and promotional material about our offers or promotions, and those of our related entities, airline and non-partners and other third parties; developing insights about you so that we can better understand your preferences and interests. We do this to identify products, services that may be of interest to you, personalise your experience and enhance the products and services offered by us, our related entities and our airline and non-airline partners. We may also use trusted service providers to undertake the process of creating these insights. responding to feedback, queries and complaints; helping us to continuously improve the services and products we offer; and to comply with legal, audit, reporting, record-keeping and investigation requirements and for operational or regulatory compliance purposes. 3. Use and disclosure of your personal information We will use and disclose your personal information for the purposes described in ‘Why we collect personal information’. If we need to handle you information for any other purpose, we will only do so with your consent or where you may otherwise reasonably expect us to do so. We may also disclose your personal information: to our airline partners, other airlines and our non-airline partners about your booking; to travel or booking agents; to any person who can provide us with the Passenger Reference Number for your booking (located at the top of your itinerary) and confirm the full name of one or more passengers included in the booking; to the account holder or card holder of the credit card used to pay for your booking; to our third party product and service providers, including those providing catering, ground handling, cargo handling, technology and related support services, call centre services, promotions and prize fulfilments services, marketing and advertising services, data analysis and business intelligence services, payment fulfilment and fraud protection services and security services; in the event of an emergency or other serious incident, to government departments/officials and agencies, support organisations and persons involved in the incident response, relevant foreign embassies/consulates and to your family member(s) who contact us seeking information about your travel arrangements; to our professional advisers and insurers; in connection with the investigation of fraud or suspicious activity relating to services provided by us, our airline partners, other airlines or non-airline partners; where permitted or required by law or order of a court/tribunal; and various law enforcement agencies, regulatory authorities and governments in Australia and around the world and their service providers for security, customs and immigration purposes. 4. Travelling with others, corporate accounts and government travel If your booking contains more than one guest (whether you and your family or a friend, or a group booking for 10 or more) or you are travelling under a corporate account, then we will collect your personal information from you or the person who made or updates the booking on your behalf. We may also disclose your personal information to the person who made or updated your booking or to other persons included in the booking. If your booking is made through your employer’s corporate travel agreement or through a government travel agreement (or for official government purposes) with Virgin Australia, we may collect your personal information from and disclose your personal information to your employer / relevant government body (or their representative), including your itinerary, information relating to your travel including check-in, “no-show” or boarding status and any incident reports. We will otherwise handle your personal information in accordance with this Privacy Policy. 5. Overseas disclosures We may disclose your personal information to organisations or persons located outside of Australia. The countries in which these organisations or persons are located will depend on the circumstances, but in the course of our ordinary operations, we generally disclose personal information to third parties located in the United Kingdom, the United States of America, India, The Philippines and Singapore, Indonesia and Germany, Ireland, Spain and Israel. 6. Thinking of joining us? When you apply for a job with us, we will generally collect the personal information that you include in your application, such as your contact details, career history and education details. We may also collect sensitive information from you if it is relevant for the role you are applying for, for example, medical information or criminal history. We may also collect information about whether you identify as Aboriginal or Torres Strait Islander for our Diversity and Inclusion Strategy. We may also obtain personal information about you from third parties with your consent, for example, from your previous employers or nominated referees. We collect personal information for the purpose of assessing and progressing your application. We will hold your personal information for future job opportunities with us, unless you tell us not to. We may disclose your personal information to our related entities, your referees and also to third party suppliers that we use to help with our recruitment processes, such as recruitment agencies and organisations that conduct competency or psychometric tests. We may also disclose your personal information to law enforcement agencies to verify whether you have a criminal record. 7. How we use cookies and web-tracking tools Cookies are tiny files sent to your browser and stored by your browser on your computer or other device that you're using to access our website or use our mobile applications. Our cookies collect your IP address or MAC address, the city associated with your IP or MAC address, the date and time of your visit to our website, pages viewed, the URL of the website that you viewed before our website and the type of browser you use. We also use web tracking/analytic tools that generate detailed statistics about traffic to our website and traffic sources. These tools can also measure and record conversions and sales. The cookies and web-tracking tools allow our websites and mobile applications to interact more efficiently with the device you are using and to help us improve the content and functioning of our website and mobile applications. We also use cookies to help us and our third party service providers present targeted and customised advertising to you on our website and on third party websites. 8. Our marketing and your personal information We use personal information that we hold about you to identify services and products that may be of interest to you. We may contact you by email, text message or other digital service (such as through our applications that you install on your device such as mobile or iPad), phone or post to let you know about our flight specials and promotions, and those of our airline and non-airline partners and third party offers and promotions or any new or existing products or services that may be of interest to you pre and post flight. You can contact us at any time if you no longer wish to receive marketing materials from us, our related entities or our partners. If you receive a marketing email from us, you can opt-out from that particular category of marketing email by clicking on the "unsubscribe" link at the bottom of the email. 9. How we hold your personal information and keep it safe 9.1 Our systems We mostly hold personal information electronically in our IT systems and databases. We also hold personal information in telephone recordings and in hard copy paper files. We use third party service providers to store some personal information. We take steps to protect the information that we hold about you from misuse, interference and loss, and from unauthorised access, modification or disclosure. We do this by having physical and electronic security systems and by limiting who can access your personal information. We also have online and network security systems in place for our websites, so that the information you provide us online is protected and secure. However, because of the nature of the internet, we cannot guarantee the security of your personal information. Please contact us if you become aware of any breach of security. 9.2 Keeping your booking safe Your Passenger Reference Number (located at the top of your flight confirmation) is like your password for your booking. You can help us protect your privacy by keeping your Passenger Reference Number safe. Don’t share your Passenger Reference Number with any other person, unless you are happy for them to receive information from us about your booking and travel arrangements and to make changes to your booking. We will only update a flight booking or otherwise provide information in relation to a booking (including passenger names, destinations, changes or interruptions to travel or no-shows) or provide copies of flight confirmations or tax invoices, if our verification criteria are met. If you believe your Passenger Reference Number has been obtained by someone who you do not want to have access to your booking, please notify us immediately. 10. Your right to access and correct your personal information You have a right to request access to or correction of the personal information we hold about you. If you wish to access, correct or update any personal information we hold about you, please contact us on the details below. We will need to verify your identity before we can process your request. We will respond to your request within a reasonable time of you making the request and give you access in the manner you requested, unless it is unreasonable or impracticable for us to do so. Sometimes we will be able to respond to your query over the phone, but sometimes we may need your request in writing and we might need some time to gather the requested information and get back to you. These more complex requests usually take us between 14 and 30 days. We might need to send a copy of the information to you by post or we might ask you to come and see us to have a look at the information. Making a request is free. But depending on what information you request access to, we may need to charge you for giving you access to the information. The charges will not be excessive and we'll let you know if a charge will apply before we proceed with giving you access. There is no charge for correcting your personal information. There may be reasons why we cannot give you access to the information that you have requested, or we refuse to correct your personal information. If this is the case, we will let you know these reasons in writing. If we refuse you access or to correct your personal information, you can make a complaint about this, by following the complaint procedures in this Privacy Policy. If we refuse to correct your personal information that we hold, you can ask us to associate with that information a statement that the information is inaccurate, out-of-date, irrelevant or misleading. 11. How to make a complaint If you have a complaint about how we have handled your personal information, you can make a complaint by contacting us using the details below. Once we have received your complaint, we will investigate and respond to you as soon as we can. We try to do this within 10 working days of receiving your complaint. If this is not possible, we will contact you and let you know when we will respond to your complaint. We take any privacy complaint seriously and will deal with your complaint fairly and promptly. However if you are not satisfied with our response or how we handled your complaint, you may complain to the Office of the Australian Information Commissioner (in writing) at: Office of the Australian Information Commissioner (OAIC) GPO Box 5218 Sydney NSW 2001 Phone: 1300 363 992 TTY: 1800 620 241 email: enquiries@oaic.gov.au If your complaint relates to our airline services (rather than privacy), you can contact us through our regular contact channels, where you will be directed to a complaint handling and dispute resolution process for eligible airline customers. 12. Changes to our Privacy Policy We may update our Privacy Policy from time to time. Our Privacy Policy was last updated in November 2017. By continuing to use our website or otherwise continuing to deal with us, you accept this Privacy Policy as it applies from time to time. We will post all updates to our privacy page. 13. Contact us You can contact us by: Email: privacy.au@tigerair.com.au Telephone: 1300 174266 (dialing within Australia) or +61 7 3295 2104. Writing to us at: Privacy Officer Tiger Airways Australia Pty Ltd PO Box 2101 Gladstone Park Melbourne VIC 3043 Jetstar Privacy Statement 1. Privacy Statement - Bookings Who is collecting your personal information? Your personal information is being collected by Tiger Airways Australia Pty Ltd. Our contact details are available on our website or you can email us at privacy.au@tigerair.com.au.au. Collection of your personal information Your personal information was collected by: You providing your details to us during your flight, holiday or experience booking. You booking a flight, holiday or experience through a travel or booking agent A third party making or updating a flight, holiday or experience booking on your behalf. If we have collected health information about you as part of the booking process, our Privacy Statement for Health Information applies to that information. Authority for collection of personal information We are required under the Customs Act 1901, Migration Act 1958, Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 to collect your contact details, passport details (where you are travelling to or from Australia) and your travel itinerary. Why do we collect your personal information? We collect your personal information: To process and make arrangements for your flight, holiday or experience booking and any additional products or services you requested during the booking process. To communicate with you before and after your flight, holiday or experience. To identify and arrange benefits for you with our airline and non-airline partners. To contact you by text message, email or other digital service (such as through our applications that you install on your device such as mobile or iPad) or phone with marketing material that may interest you pre and post flight. What would happen if we did not collect your personal information? If we cannot collect your personal information requested during the booking process, we will not be able to process your booking and may not be able to provide you with all or some of our other products and services. Who will we disclose your personal information to? We may disclose your personal information to our related companies including our airline and non-airline partners, Tigerair Travels Partners, security and law enforcement agencies, travel and booking agents and third parties who provide us with (or help us provide) products and services, including disclosure of your contact details and any health information you provided that is relevant to your booking. If there is more than one person named in your booking, we may disclose your personal information to the other passenger(s). We may disclose to and/or update your arrangements on request from any person who can provide the Passenger Reference Number for your booking and confirm the full name of one or more passengers or meet other verification criteria. In the event of an emergency, we may disclose your personal information to government departments and agencies and other support organisations involved in the emergency response, and to your family member(s) who contact us seeking information about your travel arrangements. Further information about our likely uses and disclosures of personal information is contained in our Privacy Policy. Access and correction of your personal information Our Privacy Policy located on our website contains information about how you can access or correct your personal information. Privacy complaints Our Privacy Policy contains information about how you can make a privacy complaint and how we will deal with a privacy complaint. You can contact our Privacy Officer at privacy.au@tigerair.com.au. Overseas disclosure of your personal information We are likely to disclose your personal information to the overseas countries where our third party service providers (including customer support and technology-related services) are located. See our Privacy Policy for a full list of the countries to which we may disclose your personal information. Last updated November 2017 2. Privacy Statement for Health Information Who is collecting your personal information? Your health personal information is being collected by Tiger Airways Australia Pty Ltd. Our contact details are available at on our website or you can email us at privacy.au@tigerair.com.au. Collection of your personal information Your health information was collected by: You providing your health information or requesting Special Assistance, including through a travel or booking agent. A third party requesting Special Assistance or making a booking on your behalf. You providing a medical clearance form (including a medical certificate). You or a third party, such as your doctor or our/your insurer, providing health information in connection with a medical clearance, safety investigation, complaint or claim. By providing your health information (whether directly to us or through a third party on your behalf) in connection with any of the above circumstances, you consent to us collecting health information from you and using and disclosing your health information for the purposes set out in this Collection Notice. Why do we collect your personal information? We collect your health information: To establish your requirements and make any Special Assistance or other travel arrangements for you when you are travelling with us or one of our holiday or experience providers. To process your medical clearance form. To investigate a safety incident or accident, complaint or claim that you were involved in. What would happen if we did not collect your personal information? If we cannot collect your health in connection with a Special Assistance Request or a medical clearance form, we may not be able to provide you with Special Assistance and/or process your flight or experience booking. We may not be able to fully investigate a safety incident, complaint or claim if we cannot collect certain health information from you. Who will we disclose your personal information to? We may disclose your health information to our related companies, our airline partners, security and law enforcement agencies. If there is more than one person named in your booking, or you are travelling with a support person, we may disclose your health information to that person(s). Any other person or organisation from whom you have asked us to obtain or to disclose health and other personal information, for example, your doctor. Third parties who provide us with (or help us provide) products and services. These include providers of our catering services (where your health information results in a special meal request on-board), ground handling services, technology and related support services and call centre services. In the event of an emergency or other incident in which you are involved, we may disclose your health and other personal information to persons and organisations involved in the emergency/incident response, and to your family member(s) who contact us seeking information about you or the incident. Further information about our likely uses and disclosures of personal information is contained in our Privacy Policy. Access and correction of your personal information Our Privacy Policy located on our website contains information about how you can access or correct your personal information. Privacy complaints Our Privacy Policy contains information about how you can make a privacy complaint and how we will deal with a privacy complaint. You can contact our Privacy Officer at privacy.au@tigerair.com.au. Overseas disclosure of your personal information We are likely to disclose your health information to the overseas countries where our third party service providers (including customer support and technology-related services) are located. See our Privacy Policy for a full list of the countries to which we may disclose your personal information. Last updated November 2017 3. Privacy Statement for Tigermail Tiger Airways Australia Pty Ltd (“Tigerair”, “we” or “us”) is collecting your personal information in order to email you with our latest flight and experiences offers and those of our partners and provide you with other promotional offers and information about us, our related entities and partners that may be of interest to you. If we cannot collect this information from you, we will not be able to add you to our Tigermail email distribution list. We may disclose your personal information to and/or collect your personal information from our related companies and third parties who provide us with (or help us provide) products and services. Please read our Privacy Policy located on our website (https://tigerair.com.au/legal/privacy-policy) for information about how we will handle your personal information, our likely overseas disclosures and how you can access or correct your personal information or make a privacy complaint. You can contact our Privacy Officer at privacy.au@tigerair.com.au. 4. Privacy Statement for General Enquiries When you communicate with Tiger Airways Australia Pty Ltd (“Tigerair”, “we” or “us”) through our website, Customer Contact Centre, via email, through one of our staff or contractors at an airport terminal or at our corporate premises) we may collect your personal information. We may collect your personal information (even if you do not proceed with a booking or otherwise purchase goods or services from us), in order to help us respond to your enquiry, communicate with you regarding our business, provide you with any services or products that you may have requested and help us improve our business operations. If we cannot collect personal information from you, we may not be able to respond to the enquiry or resolve the matter. If you have consented or if otherwise permitted by law, we may also contact you by email with marketing material that may interest you if you have provided us with your email address in connection with the enquiry. We may disclose your personal information to and/or collect your personal information from our related companies and third parties who provide us with (or help us provide) products and services. Please read our Privacy Policy located on our website (https://tigerair.com.au/legal/privacy-policy) for information about how we will handle your personal information, our likely overseas disclosures and how you can access or correct your personal information or make a privacy complaint. You can contact our Privacy Officer at privacy.au@tigerair.com.au. AliBaba Free Membership Agreement Free Membership Agreement Updated on Aug 15, 2016 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS. 1. ACCEPTANCE OF TERMS 1.1 WELCOME TO ALIBABA.COM'S FREE SERVICE (the "SERVICE"). The following sets forth the terms and conditions of the Alibaba.com Free Membership Agreement (this "Agreement") between you (“Member”) and an Alibaba.com company ("Alibaba.com") under which Alibaba.com offers you access to the Service through the web sites identified by the uniform resource locator www.alibaba.com and the www.aliexpress.com (the "Sites"). If you are from mainland China, your contract is with Hangzhou Alibaba Advertising Co., Ltd,other than in relation to Promotion Services (as defined in the Alibaba.com Terms of Use), in which case your contract for such services is with Alibaba.com Hong Kong Limited. If you are from Hong Kong and Macau, your contract is with Alibaba.com Hong Kong Limited. If you reside outside mainland China, Hong Kong and Macau, your contract is with Alibaba.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D). As some or part of the Services (as defined in the Alibaba.com Terms of Use, as defined below) may be supported and provided by affiliates of Alibaba.com, Alibaba.com may delegate some of the Services to its affiliates, particularly Alibaba.com (Europe) Limited incorporated in the United Kingdom, who you agree may invoice you for their part of the Services. Use of the Service indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, THE SITE’S TERMS OF USE AGREEMENT, PRODUCT LISTING POLICY AND PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE "TERMS OF USE"). The Alibaba.com Free Membership Agreement will not take effect unless and until you have activated your Account. Terms not defined in this Agreement shall bear the same meaning as that contained in the Terms of Use. 1.2 Alibaba.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Alibaba.com of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. 2. THE SERVICE 2.1 The Service will be offered free-of-charge for an unspecified time period unless terminated in accordance with the terms of this Agreement. 2.2 The Service will have the following core features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Alibaba.com and notified to you) ("Free Member Benefits"): a) Company Profile - allows each Member to display and edit basic information about its business, such as year and place of establishment, estimated annual sales, number of employees, and products and services offered, etc. b) Products - allows each Member to display and edit descriptions, specifications and images of at least 5 products. c) Unlimited Buyer Trade Lead Posting - allows each Member to post on the Site for public display offers to buy products and services from other users of the Site. 2.3 Alibaba.com may suspend or terminate all or part of the above Free Member Benefits at any time in its sole discretion. Alibaba.com reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion. 2.4 Benefits, features and functions available to a Member may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available. 2.5 The availability of any transactional features and functions on the Site to any Member may be conditional on verification of Member’s identity and/or its designated bank account by Alibaba.com and/or its approved independent third parties. 2.6 Alibaba.com shall issue a Member ID and Password (the latter shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member's business entity. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), may cause irreparable harm to Alibaba.com and each Member shall indemnify Alibaba.com against any loss or damages (including but not limited to loss of profits) suffered by Alibaba.com as a result of such multiple use of an Account. Each Member hereby undertakes to notify Alibaba.com immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that Alibaba.com shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph. 2.7 Alibaba.com reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Alibaba.com further reserves the right to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by Alibaba.com. 2.8 Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall Alibaba.com be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service. 2.9 If your IP address comes from the mainland China when you successfully complete the registration with Alibaba.com Free Membership, you will be granted an Alipay Username in addition to your Member ID. If your registration was completed before March 18, 2013 or the email address you used for your registration has already been registered with other Alibaba Sites (as defined below), you will not be granted the Alipay Username. You are allowed to use the Alipay Username to login to the websites including www.alipay.com, www.taobao.com, www.tmall.com, www.etao.com, www.ju.taobao.com, www.aliyun.com, www.china.alibaba.com and other websites (collectively, the “Alibaba Sites”). You hereby represent and agree to authorize Alibaba.com to provide all the information associated with your Member ID to the Alibaba Sites for the purpose of facilitating your easy and fast access to the Alibaba Sites. Your responsibilities with regard to the Alipay Username shall apply to the same terms and conditions in connection with the Member ID as prescribed under this Agreement. Alibaba.com reserves the right, without prior notice and at its sole discretion, to suspend, restrict or deny access to or use of your Alipay Username and services provided by Alibaba.com and Alibaba Sites if you: (a) use the services provided by Alibaba.com, the Sites and the Alibaba Sites to defraud any person or entity; (b) engage in any unlawful activities including without limitation those which would constitute the infringement of intellectual property rights, a civil liability or a criminal offence; (c) engage in any activities that would otherwise create any liability for Alibaba.com, the Sites or the Alibaba Sites. 3. MEMBER RESPONSIBILITIES 3.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by Alibaba.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Alibaba.com to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known. 3.2 Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site shall not: a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; b) be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose; c) infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights; d) impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; e) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); f) contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing; g) contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; h) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; i) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; j) involve attempts to copy, reproduce, exploit or expropriate Alibaba.com's various proprietary directories, databases and listings; k) involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and l) involve any scheme to undermine the integrity of the computer systems or networks used by Alibaba.com and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks; m) link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement or the Terms of Use; or n) otherwise create any liability for Alibaba.com or its affiliates. 3.3 Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to (a) act as such Member's business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees. 3.4 Member shall not take any action which may undermine the integrity of Alibaba.com's feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member. 3.5 Each Member acknowledges and agrees that Alibaba.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Alibaba.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information. 3.6 Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Alibaba.com or authorizes Alibaba.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to Alibaba.com or authorizes Alibaba.com to display. 3.7 If any Member breaches the representations, warranties and covenants of paragraphs 3.1, 3.2, 3.3, 3.4, 3.5 or 3.6 above, or if Alibaba.com has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, or if upon complaint or claim from any other Member or third party, Alibaba.com has reasonable grounds to believe that such Member has willfully or materially failed to perform its contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, or if Alibaba.com has reasonable grounds to believe that such Member has used a stolen credit card or other false or misleading information in any online transaction, Alibaba.com has the right to suspend or terminate the Service and all Free Member Benefits with respect to such Member without any compensation, and restrict or refuse any and all current or future use of the Service or any other services that may be provided by Alibaba.com. Further, Alibaba.com reserves the right in it sole discretion to place restrictions on the number of product listings that a Member can post on the Site for such duration as Alibaba.com may consider appropriate, and to remove any material it reasonably believes that is unlawful, could subject Alibaba.com to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in Alibaba.com's opinion. Alibaba.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Alibaba.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Alibaba.com shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against Alibaba.com for such disclosure. In connection with any of the foregoing, Alibaba.com may suspend or terminate the Account of any Member as Alibaba.com deems appropriate in its sole discretion. 3.8 Each Member agrees to indemnify Alibaba.com, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such Member's use of the Service or from such Member's breach of this Agreement or the Terms of Use. Each Member further agrees that Alibaba.com is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Alibaba.com reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Alibaba.com in asserting any available defenses. 4. TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS 4.1 Through the Sites, Alibaba.com provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. Alibaba.com reserves the right to limit certain features and functions of the platform to prescribed Members. Despite the provision of the platform through the Site, Alibaba.com does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Site. Alibaba.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. 4.2 Members are hereby made aware that there may be risks of dealing with people acting under false pretences. Alibaba.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Sites. However, because user verification on the Internet is difficult, Alibaba.com cannot and does not confirm each free member's purported identity shown on the Sites and can only use reasonable efforts to verify the personal identity of the representative of a seller in mainland China opening a storefront on www.aliexpress.com according to the applicable laws in mainland China. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing. 4.3 Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions. Such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each Member agrees that Alibaba.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks. 4.4 Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. 4.5 Member agrees to provide all information and materials as may be reasonably required by Alibaba.com in connection with its transactions made via the transactional platform on the Site. Alibaba.com has the right to suspend or terminate any Member’s Account if the Member fails to provide the required information and materials. 4.6 In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify Alibaba.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. 5. USE OF DISCUSSION BOARDS ON THE SITE 5.1 Alibaba.com provides its Members use of discussion boards on the Site free of charge to promote and encourage open, honest and respectful communication between all of our Members. The discussion boards on the Site shall not be used as a marketing platform by Members and Members shall not post any information relating to trade leads, promotion of their products or their company profile. 5.2 Each Member acknowledges that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted through a discussion board on the Site, are the sole responsibility of such Member from whom the content originated. This means that the posting Member, and not Alibaba.com, is entirely responsible for all content that is uploaded or posted via our discussion boards on the Site. Alibaba.com does not control the content posted via discussion boards and therefore does not guarantee the accuracy, integrity or quality of such content. 5.3 Alibaba.com reserves the right to delete or edit any postings in its sole discretion without prior notice. Alibaba.com may monitor posting activities of any Member who is in breach of this Agreement and may restrict their ability to post messages on the discussion boards on the Site. Under no circumstances will Alibaba.com be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards by such Member. Each Member agrees to evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. Each Member understands that by using the Alibaba.com discussion boards on the Site, such Member may be exposed to content that is offensive, indecent or objectionable. 5.4 Without prejudice to each Member's responsibilities under Clause 3 of this Agreement, each Member agrees not to use the discussion boards on the Site to: a) upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b) harm minors in any way; c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content; d) "stalk" or otherwise harass another; e) collect or store personal data about other users; f) upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; g) upload, post or e-mail any content that infringes any intellectual property rights or other legitimate rights of any party; h) upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation; i) upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; j) upload, post or e-mail any content that contains a complaint regarding Alibaba.com's services or refers to such a complaint on the Site or to any other Members; any such complaint must be directed to the customer service e-mail on the Site; or k) violate any applicable national or internal laws or regulations. 5.5 Each Member acknowledges that Alibaba.com does not pre-screen content but that Alibaba.com shall have the right (though not the obligation) in its sole discretion to move, modify or remove any content that is posted or uploaded on the discussion boards on the Site. 5.6 Each Member grants to Alibaba.com a perpetual, world-wide, royalty-free irrevocable, non-exclusive licence (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) such Member uploaded, posted or supplied to Alibaba.com for posting on the Sites and/or to incorporate such content in other works in any form, media or technology now known or developed. 5.7 Each Member shall indemnify and hold Alibaba.com and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content such Member uploaded, posted or e-mailed on or through the discussion boards on the Site, such Member's use of the discussion boards on the Site, or such Member's breach of the provisions set out in Clause 5.4. 5.8 On being made aware of any such breaches, Alibaba.com may ban, delete or prohibit any content that relates to those breaches or that Alibaba.com in its sole discretion consider to be harmful to the public or the rights of Alibaba.com or any of its affiliates, licensors, partners or Members. 5.9 Alibaba.com reserves the right to take whatever action it deems necessary to prevent a Member's breach of Clause 5.4 including the following: a) issue a warning letter to the relevant Member (where the breaches are deemed by Alibaba.com to be minor); or b) ban the relevant Member from discussion boards on the Site (where the breaches are deemed by Alibaba.com to be major). All incidents will be logged and Alibaba.com's decision shall be final in all such cases. 5.10 All information and/or other content posted on the Site by the Alibaba.com service team or by Members or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional advice in such situations. 6. LIMITATION OF LIABILITY 6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALIBABA.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. 6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. 6.3 Any material downloaded or otherwise obtained through the use of the Service is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from Alibaba.com or through or from the Service shall create any warranty not expressly stated in this Agreement. 6.4 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Alibaba.com and its affiliates be held liable for any such services or products. 6.5 Under no circumstances shall Alibaba.com be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. 6.6 Alibaba.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following: a) the use or the inability to use the Service; b) any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Site; c) unauthorized access by third parties to data or private information of any Member; d) statements or conduct of any user of the Site; or e) any other matter relating to the Service however arising, including negligence. 6.7 Notwithstanding any of the foregoing provisions, the aggregate liability of Alibaba.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Member for all claims arising from the use of the Service or the Site shall be limited to HK$100. The preceding sentence shall not preclude the requirement by the Member to prove actual damages. All claims arising from the use of the Service must be filed within either one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Agreement. 7. INTELLECTUAL PROPERTY RIGHTS 7.1 Alibaba.com is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with Alibaba.com or its affiliates. All rights not otherwise claimed under this Agreement or by Alibaba.com are hereby reserved. 7.2 "ALIBABA", "ALIBABA.COM" and related icons and logos are registered trademarks or trademarks or service marks of Alibaba Group Holding Limited, and "GOLD SUPPLIER", "TRUSTPASS", "ALIEXPRESS" and related icons and logos are registered trademarks or trademarks or service marks of Alibaba.com Limited in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. 8. GENERAL 8.1 This Agreement and the Terms of Use constitute the entire agreement between the Member and Alibaba.com with respect to and governs the use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein. 8.2 Alibaba.com and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 8.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 8.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 8.5 Alibaba.com's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive Alibaba.com's right to act with respect with subsequent or similar breaches. 8.6 Alibaba.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of Alibaba.com). The Member may not assign, in whole or part, this Agreement to any person or entity. 8.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA (“PRC”) IF YOU CONTRACT WITH HANGZHOU ALIBABA ADVERTISING CO., LTD ACCORDING TO PARAGRAPH 1.1, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE PRC COURTS. IF YOUR CONTRACT IS WITH ALIBABA.COM HONG KONG LIMITED OR ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED, THEN THIS AGREEMENT SHALL BE GOVERNED BY LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION ("HONG KONG") WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE HONG KONG COURTS. 8.8 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail. DAEMON Tools for Mac End User License Agreement IMPORTANT — READ CAREFULLY: This DAEMON Tools for Mac End User License Agreement ("EULA") is agreement between you (either an individual or a single entity) and Disc Soft Ltd for the DAEMON Tools for Mac software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, download or use the SOFTWARE PRODUCT. You are allowed to use SOFTWARE PRODUCT if your local law allows that, and you are a legal owner of the original CD, DVD or HDD disc you want to create or its backup copy. SOFTWARE PRODUCT is not freeware. The license types available for you during the installation process of SOFTWARE PRODUCT may differ in regards to your region. Paid license: you are entitled to use the Paid license of SOFTWARE PRODUCT perpetually after the order is paid and processed. Trial license: you are entitled to use the Trial license of SOFTWARE PRODUCT during the trial period, that can be changed by Disc Soft LTD at its sole discretion. The SOFTWARE PRODUCT is provided "as is". Disc Soft Ltd cannot be held responsible for any loss of data or other misfortunes resulting from the use of the SOFTWARE PRODUCT. Likewise, Disc Soft Ltd cannot be held responsible for the use or misuse of the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Disc Soft Ltd or its suppliers own the title, copyright and other intellectual property rights contained in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. Third parties can use the package of the SOFTWARE PRODUCT in other freeware products, as long as they leave the package of the SOFTWARE PRODUCT unmodified and include credits to Disc Soft Ltd. Commercial products that 'need' or 'base on' the SOFTWARE PRODUCT (e.g. GUI etc.) require the written permission of Disc Soft Ltd. Third parties that want to include the SOFTWARE PRODUCT in a commercial product, must request a permission via web form at https://www.disc-soft.com/sendmsg/fin. 1. GRANT OF LICENSE. This EULA grants the following rights provided to you to comply with all terms and conditions contained in this EULA: • Installation and Use. Disc Soft Ltd grants to you a non-exclusive and limited license to install and use a reasonable number of copies of the SOFTWARE PRODUCT in depend of your license. Paid license: you are allowed to install and use a number of the SOFTWARE PRODUCT copies, ordered during the purchase, on the computer(s)/operating system(s) that you use ("licensed instance(s)"). You have to validate your license once (active Internet connection is required during validation) and thus assign it to the computer/operating system. You may reassign the license to another instance. If you reassign the license then other instance becomes the "licensed instance". Trial license: you are allowed to install and use the SOFTWARE PRODUCT during the trial period. • Reservation of Rights. Disc Soft Ltd reserves all rights not expressly granted to you in this EULA. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS • Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity. • Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. • •Support Services. Disc Soft Ltd may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Disc Soft Ltd policies and programs described in "online" documentation, and/or in other materials provided by Disc Soft Ltd. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information, you provide to Disc Soft Ltd as a part of the Support Services, Disc Soft Ltd may use such information for its business purposes, including product support and development. Disc Soft Ltd will not utilize such technical information in a way that personally identifies you. Paid license users are entitled to unlimited technical support. Trial license users may receive technical support, but it is not obligatory. Technical support is provided via e-mail ONLY. Support services will NOT be provided to users who would use very rude or obscene language in their support requests. • Information rights and publicity. Disc Soft Ltd may retain and use information that is recorded about you so that it no longer reflects or references you as an individually identifiable user ("Non-personal Information") collected in your use of the SOFTWARE PRODUCT. Disc Soft Ltd will not share information associated with your use with any third parties unless Disc Soft Ltd (i) has your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Disc Soft Ltd, SOFTWARE PRODUCT, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Disc Soft Ltd behalf (e.g., data storage) with strict restrictions that prevent the data from being used or shared except as directed by Disc Soft Ltd. When this is done, it is subject to agreements that oblige those parties to process such information only on Disc Soft Ltd instructions and in compliance with this EULA and appropriate confidentiality and security measures. • Applicable law. This EULA is governed by law of Belize. • No Rental: You may not rent, lease, or lend the SOFTWARE PRODUCT. • Termination. Without prejudice to any other rights, Disc Soft Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 3. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Disc Soft Ltd AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE PRODUCT ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ADDITION, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU. 4. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Disc Soft Ltd OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Disc Soft Ltd OR ANY SUPPLIER, AND EVEN IF Disc Soft Ltd OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), in no event will Disc Soft Ltd AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION be liable for any damages or losses arising from the use of SOFTWARE PRODUCT or inability to use the SOFTWARE PRODUCT, including, without limitation, damages to users’ systems and/or software and/or data, computer failure or malfunction, computer virus transmission, performance delays or communication failures or security breaches. This provision shall survive the expiration or termination of this Agreement. 6. RISK ACTIVITIES. The SOFTWARE PRODUCT is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ("High Risk Activities"). ACCORDINGLY, Disc Soft Ltd AND ITS LICENSORS AND OTHER SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT Disc Soft Ltd WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE PRODUCT IN SUCH APPLICATIONS. 7. U.S. Government Users. If you are a U.S. Government user, then the Software Application is provided with "RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable. 8. ENTIRE AGREEMENT. This EULA (including any addendum or amendment which is supplied with the SOFTWARE PRODUCT) constitutes the entire agreement between you and Disc Soft Ltd relating to the SOFTWARE PRODUCT and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To extent of terms of any Disc Soft Ltd policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. DAEMON Tools for Mac End User License Agreement Revision of May 14, 2014 Copyright © 2000-2015 Disc Soft Ltd. Department of Internal Affairs Public Terms of Use The connection you have accessed (the Service) is a free public service provided by the Department of Internal Affairs (DIA). Your access to the Service is at the discretion of DIA, and may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of these terms of use, actions that may lead to liability for DIA, disruption of access to other users or networks, and violation of applicable laws or regulations. DIA may revise these terms of use at any time. You must accept these terms of use each time you use the Service and it is your responsibility to review the terms for any changes each time. Acceptable Use of the Service Your access to the Service is conditional upon legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service must not violate any applicable law or regulation or the rights of DIA, or any third party. You must not use the Service for the following activities: Spamming and Invasion of Privacy Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy. Intellectual Property Right Violations Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party Obscene or Indecent Speech or Materials Using the Service to advertise, solicit, transmit, store, post, display, or otherwise make available objectionable or indecent images or other materials. DIA will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in contravention of these terms. Defamatory or Abusive Language Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another. Hacking Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity. Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment. Facilitating a Violation of these Terms of Use Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these terms of use, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software. Other Illegal Activities Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services. Resale You must not sell, transfer, or rent the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale. Notice of Violations Anyone who believes that there may be a violation of these terms of use (including the terms on acceptable use) must contact the DIA email: info@dia.govt.nz or webmaster@dia.govt.nz Disclaimer You acknowledge that: 1. The Service is not represented to be uninterrupted or error-free; 2. Viruses or other harmful applications may be available through the Service; 3. DIA does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; and 4. The limited warranty, disclaimer and exclusion of limitation specified in these terms of use reflect that the Service is provided for free. You are responsible for providing security measures that are suited for your intended use of the Service. For example, you take full responsibility for taking adequate measures to safeguard your data from loss. Provided on an "as is" basis The Service is provided on an "as is", "as available" basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content and the operation, capacity, speed, functionality, qualifications, or capabilities of the Service (including, but not limited to, any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are expressly excluded and disclaimed. Exclusion of Liability Under no circumstances shall DIA be liable to you, any user, or any third party on account of your or that party's use or misuse of or reliance on the Service or arising from any claim relating to these terms of use. This exclusion of liability is intended to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise. The exclusion of liability includes (but is not limited to) damages arising from use or misuse of and reliance on the Service, from inability to use the Service, or from the interruption, suspension, or termination of the Service (including such damages incurred by third parties), claims for unauthorized access, damage, or theft of your system or data, loss of goodwill or profits, loss of data, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. Indemnity You agree to indemnify and hold harmless DIA from any claim, liability, loss, damage, cost, or expense (including without limitation legal fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of these terms of use. Miscellaneous These terms of use will be governed by and construed in accordance with the laws of New Zealand. These terms of use constitute the entire agreement between the parties with respect to the Service and supersede and replace all other understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms of use will be effective only if in writing and signed by DIA. D-Link End User License Agreement IMPORTANT: DO NOT USE OR LOAD THIS SOFTWARE OR ANY RELATEDMATERIALS UNTIL YOU HAVE CAREFULLY READ THE FOLLOWINGTERMS AND CONDITIONS. D-LINK CORPORATION AND ITS AFFILIATES.(“D-LINK”) WILL LICENSE THE SOFTWARE TO YOU ONLY IF YOU FIRSTACCEPT THE TERMS OF THIS AGREEMENT. BY COPYING, INSTALLINGAND/OR USING THE SOFTWARE OR USING THE DEVICE THAT CONTAINSTHE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IFYOU DO NOT WISH TO AGREE TO THE TERMS OF THIS AGREEMENT,PROMPTLY RETURN THE UNUSED SOFTWARE OR DEVICE CONTAININGTHE SOFTWARE TO THE PARTY (D-LINK OR ITS AUTHORIZED RESELLER)FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNTYOU PAID.The term “Software” means all original software and all whole or partial copiesof it. Software consists of machine-readable instructions, its components,data, audio-visual content (such as images, text, recordings, or pictures),and related materials.1. License. D-Link grants you a non-exclusive, non-transferable license(without the right to sublicense) under D-Link’s copyrights embodiedin the Software to reproduce and use, but not to make derivative worksof, the Software, solely in connection with the product with which youacquired the Software.2. Restrictions. You may not remove any copyright or other proprietarynotices from the Software and must reproduce such notices on eachcopy, or partial copy, of the Software. You may not, and may not permitothers to, (i) use, copy, modify, sell, distribute or otherwise transfer theSoftware except as expressly provided in this Agreement; (ii) reverseengineer, decompile, disassemble or otherwise translate the Software; or(iii) sublicense, rent or lease the Software. 3. Ownership of Software and Copyrights. The Software is owned by D-Link and/ or licensors and is licensed to you, not sold. Title to the Software and all copies ofthe Software remains with D-Link, its afliates and/or licensors. The Software iscopyrighted and protected by the laws of the United States and other countries,and international treaty provisions. D-Link may make changes to the Software,or to items referenced therein, at any time without notice, and is not obligatedto support or update the Software. Except as otherwise expressly providedherein, D-Link grants no express or implied right under any patents, copyrights,trademarks, or other intellectual property rights.4. Content Restrictions / Illegal Use. The Software may contian peer-to-peerfunctionalities, including the ability to share materials that a copyright owner hasnot authorized to be shared. It is unlawful, and D-Link does not license the use ofthe Software to infringe the intellectual property rights of others, or to reproduce,share, capture, store, retransmit, distribute, burn to CD or other format, ordownload others’ protected, proprietary and/or condential information withoutauthorization from the copyright owner, or to share, distribute or downloadunlawful pornographic materials (collectively “Illegal Use”). By using theSoftware you agree and represent that you will not use, or permit others to use,the Software to share, distribute or download content for an Illegal Use, and youfurther agree to assume all risk and liability associated with any use contrary tothe foregoing.5. Limited Media Warranty. If the Software has been delivered by D-Link on physicalmedia, D-Link warrants the media to be free from material physical defects for aperiod of ninety days after delivery by D-Link. If such a defect is found, return themedia to D-Link for replacement or alternate delivery of the Software as D-Linkmay select.6. Exclusion of Other Warranties. EXCEPT AS EXPRESSLY PROVIDED ABOVE,THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIEDWARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. D-Link doesnot warrant or assume responsibility for the accuracy or completeness of anyinformation, text, graphics, links or other items contained within the Software. 7. Limitation of Liability. IN NO EVENT SHALL D-LINK, ITS AFFILIATES ORLICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION ORLOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USETHE SOFTWARE, EVEN IF D-LINK HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION ORLIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIALOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLYTO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROMJURISDICTION TO JURISDICTION.8. Termination of this Agreement. D-Link may terminate this Agreement at anytime if you violate its terms. Upon termination, you will immediately destroythe Software or return all copies of the Software to D-Link.9. Applicable Laws. Claims arising under this Agreement shall be governed bythe laws of Taiwan, excluding its principles of conict of laws and the UnitedNations Convention on Contracts for the Sale of Goods. You may not exportthe Software in violation of applicable export laws and regulations. D-Linkis not obligated under any other agreements unless they are in writing andsigned by an authorized representative of D-Link.10. Government Restricted Rights. The Software is provided with “RESTRICTEDRIGHTS.” Microsoft Software License Terms - Microsoft Media Creation Tool MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT MEDIA CREATION TOOL IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED. These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. 1. INSTALLATION AND USE RIGHTS. a) General. You may install and use one copy of the software to develop and test your applications, and solely for use on Windows. You may make one backup copy of the software for the sole purpose of reinstalling the software. b) Third Party Software. The software may include third party applications that Microsoft, not the third party, licenses to you under this agreement. Any included notices for third party applications are for your information only. 2. DATA COLLECTION. The software may collect information about you and your use of the software and send that to Microsoft. Microsoft may use this information to provide services and improve Microsoft’s products and services. Your opt-out rights, if any, are described in the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Microsoft’s data collection and use in the product documentation and the Microsoft Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=521839. You agree to comply with all applicable provisions of the Microsoft Privacy Statement. 3. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to): a) work around any technical limitations in the software that only allow you to use it in certain ways; b) reverse engineer, decompile or disassemble the software; c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software; d) use the software in any way that is against the law or to create or propagate malware; or e) share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party. 4. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit (aka.ms/exporting). 5. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind. 6. UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices. 7. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if a business, your principal place of business is in) the United States. If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can’t, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. The complete Arbitration Agreement contains more terms and is at aka.ms/arb-agreement-1. You and Microsoft agree to these terms. 8. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this agreement if you fail to comply with any of its terms or conditions. In such event, you must destroy all copies of the software and all of its component parts. 9. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software. 10. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles, except that the FAA governs everything related to arbitration. If you acquired the software in any other country, its laws apply, except that the FAA governs everything related to arbitration. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court (excluding arbitration). If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court (excluding arbitration). 11. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you: a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights. b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software. c) Germany and Austria. (i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software. (ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law. Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence. 12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 13. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages. MICROSOFT SOFTWARE LICENSE TERMS WINDOWS OPERATING SYSTEM IF YOU LIVE IN (OR IF YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 10. IT AFFECTS HOW DISPUTES ARE RESOLVED. Thank you for choosing Microsoft! Depending on how you obtained the Windows software, this is a license agreement between (i) you and the device manufacturer or software installer that distributes the software with your device; or (ii) you and Microsoft Corporation (or, based on where you live or if a business where your principal place of business is located, one of its affiliates) if you acquired the software from a retailer. Microsoft is the device manufacturer for devices produced by Microsoft or one of its affiliates, and Microsoft is the retailer if you acquired the software directly from Microsoft. This agreement describes your rights and the conditions upon which you may use the Windows software. You should review the entire agreement, including any supplemental license terms that accompany the software and any linked terms, because all of the terms are important and together create this agreement that applies to you. You can review linked terms by pasting the (aka.ms/) link into a browser window. By accepting this agreement or using the software, you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the software as per the privacy statement described in Section 3. If you do not accept and comply with these terms, you may not use the software or its features. You may contact the device manufacturer or installer, or your retailer if you purchased the software directly, to determine its return policy and return the software or device for a refund or credit under that policy. You must comply with that policy, which might require you to return the software with the entire device on which the software is installed for a refund or credit, if any. 1. Overview. a. Applicability. This agreement applies to the Windows software that is preinstalled on your device, or acquired from a retailer and installed by you, the media on which you received the software (if any), any fonts, icons, images or sound files included with the software, and also any Microsoft updates, upgrades, supplements or services for the software, unless other terms come with them. It also applies to Windows apps developed by Microsoft that provide functionality such as mail, contacts, music and photos that are included with and are a part of Windows. If this agreement contains terms regarding a feature or service not available on your device, then those terms do not apply. b. Additional terms. Additional Microsoft and third party terms may apply to your use of certain features, services and apps, depending on your device’s capabilities, how it is configured, and how you use it. Please be sure to read them. (i) Some Windows apps provide an access point to, or rely on, online services, and the use of those services is sometimes governed by separate terms and privacy policies, such as the Microsoft Services Agreement at (aka.ms/msa). You can view these terms and policies by looking at the service terms of use or the app’s settings, as applicable. The services may not be available in all regions. (ii) Microsoft, the manufacturer or installer may include additional apps, which will be subject to separate license terms and privacy policies. (iii) The software includes Adobe Flash Player that is licensed under terms from Adobe Systems Incorporated at (aka.ms/adobeflash). Adobe and Flash are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. (iv) The software may include third party programs that are licensed to you under this agreement, or under their own terms. License terms, notices and acknowledgements, if any, for the third party programs can be viewed at (aka.ms/thirdpartynotices). (v) To the extent included with Windows, Word, Excel, PowerPoint and OneNote are licensed for your personal, non-commercial use, unless you have commercial use rights under a separate agreement. 2. Installation and Use Rights. a. License. The software is licensed, not sold. Under this agreement, we grant you the right to install and run one instance of the software on your device (the licensed device), for use by one person at a time, so long as you comply with all the terms of this agreement. Updating or upgrading from non-genuine software with software from Microsoft or authorized sources does not make your original version or the updated/upgraded version genuine, and in that situation, you do not have a license to use the software. b. Device. In this agreement, “device” means a hardware system (whether physical or virtual) with an internal storage device capable of running the software. A hardware partition or blade is considered to be a device. c. Restrictions. The manufacturer or installer and Microsoft reserve all rights (such as rights under intellectual property laws) not expressly granted in this agreement. For example, this license does not give you any right to, and you may not: (i) use or virtualize features of the software separately; (ii) publish, copy (other than the permitted backup copy), rent, lease, or lend the software; (iii) transfer the software (except as permitted by this agreement); (iv) work around any technical restrictions or limitations in the software; (v) use the software as server software, for commercial hosting, make the software available for simultaneous use by multiple users over a network, install the software on a server and allow users to access it remotely, or install the software on a device for use only by remote users; (vi) reverse engineer, decompile, or disassemble the software, or attempt to do so, except and only to the extent that the foregoing restriction is (a) permitted by applicable law; (b) permitted by licensing terms governing the use of open-source components that may be included with the software; or (c) required to debug changes to any libraries licensed under the GNU Lesser General Public License which are included with and linked to by the software; and (vii) when using Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner. d. Multi use scenarios. (i) Multiple versions. If when acquiring the software you were provided with multiple versions (such as 32-bit and 64-bit versions), you may install and activate only one of those versions at a time. (ii) Multiple or pooled connections. Hardware or software you use to multiplex or pool connections, or reduce the number of devices or users that access or use the software, does not reduce the number of licenses you need. You may only use such hardware or software if you have a license for each instance of the software you are using. (iii) Device connections. You may allow up to 20 other devices to access the software installed on the licensed device for the purpose of using the following software features: file services, print services, Internet information services, and Internet connection sharing and telephony services on the licensed device. You may allow any number of devices to access the software on the licensed device to synchronize data between devices. This section does not mean, however, that you have the right to install the software, or use the primary function of the software (other than the features listed in this section), on any of these other devices. (iv) Use in a virtualized environment. This license allows you to install only one instance of the software for use on one device, whether that device is physical or virtual. If you want to use the software on more than one virtual device, you must obtain a separate license for each instance. (v) Remote access. No more than once every 90 days, you may designate a single user who physically uses the licensed device as the licensed user. The licensed user may access the licensed device from another device using remote access technologies. Other users, at different times, may access the licensed device from another device using remote access technologies, but only on devices separately licensed to run the same or higher edition of this software. (vi) Remote assistance. You may use remote assistance technologies to share an active session without obtaining any additional licenses for the software. Remote assistance allows one user to connect directly to another user’s computer, usually to correct problems. e. Backup copy. You may make a single copy of the software for backup purposes, and may also use that backup copy to transfer the software if it was acquired as stand-alone software, as described in Section 4 below. 3. Privacy; Consent to Use of Data. Your privacy is important to us. Some of the software features send or receive information when using those features. Many of these features can be switched off in the user interface, or you can choose not to use them. By accepting this agreement and using the software you agree that Microsoft may collect, use, and disclose the information as described in the Microsoft Privacy Statement (aka.ms/privacy), and as may be described in the user interface associated with the software features. 4. Transfer. The provisions of this section do not apply if you acquired the software in Germany or in any of the countries listed on this site (aka.ms/transfer), in which case any transfer of the software to a third party, and the right to use it, must comply with applicable law. a. Software preinstalled on device. If you acquired the software preinstalled on a device (and also if you upgraded from software preinstalled on a device), you may transfer the license to use the software directly to another user, only with the licensed device. The transfer must include the software and, if provided with the device, an authentic Windows label including the product key. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. b. Stand-alone software. If you acquired the software as stand-alone software (and also if you upgraded from software you acquired as stand-alone software), you may transfer the software to another device that belongs to you. You may also transfer the software to a device owned by someone else if (i) you are the first licensed user of the software and (ii) the new user agrees to the terms of this agreement. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Every time you transfer the software to a new device, you must remove the software from the prior device. You may not transfer the software to share licenses between devices. 5. Authorized Software and Activation. You are authorized to use this software only if you are properly licensed and the software has been properly activated with a genuine product key or by other authorized method. When you connect to the Internet while using the software, the software will automatically contact Microsoft or its affiliate to conduct activation to associate it with a certain device. You can also activate the software manually by Internet or telephone. In either case, transmission of certain information will occur, and Internet, telephone and SMS service charges may apply. During activation (or reactivation that may be triggered by changes to your device’s components), the software may determine that the installed instance of the software is counterfeit, improperly licensed or includes unauthorized changes. If activation fails, the software will attempt to repair itself by replacing any tampered Microsoft software with genuine Microsoft software. You may also receive reminders to obtain a proper license for the software. Successful activation does not confirm that the software is genuine or properly licensed. You may not bypass or circumvent activation. To help determine if your software is genuine and whether you are properly licensed, see (aka.ms/genuine). Certain updates, support, and other services might only be offered to users of genuine Microsoft software. 6. Updates. The softwareperiodically checks for system and app updates, and downloads and installs them for you. You may obtain updates only from Microsoft or authorized sources, and Microsoft may need to update your system to provide you with those updates. By accepting this agreement, you agree to receive these types of automatic updates without any additional notice. 7. Downgrade Rights. If you acquired a device from a manufacturer or installer with a Professional version of Windows preinstalled on it and it is configured to run in full feature mode, you may use either a Windows 8.1 Pro or Windows 7 Professional version, but only for so long as Microsoft provides support for that earlier version as set forth in (aka.ms/windowslifecycle). This agreement applies to your use of the earlier versions. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of such components. Neither the manufacturer or installer, nor Microsoft, is obligated to supply earlier versions to you. You must obtain the earlier version separately, for which you may be charged a fee. At any time, you may replace an earlier version with the version you originally acquired. 8. Geographic and Export Restrictions. If your software is restricted for use in a particular geographic region, then you may activate the software only in that region. You must also comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on geographic and export restrictions, visit (aka.ms/georestrict) and (aka.ms/exporting). 9. Support and Refund Procedures. a. For software preinstalled on a device. For the software generally, contact the device manufacturer or installer for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft may provide limited support services for properly licensed software as described at (aka.ms/mssupport). If you are seeking a refund, contact the manufacturer or installer to determine its refund policies. You must comply with those policies, which might require you to return the software with the entire device on which the software is installed for a refund. b. For software acquired from a retailer. Microsoft provides limited support services for properly licensed software as described at (aka.ms/mssupport). If you purchased the software from a retailer and are seeking a refund, and you cannot obtain one where you acquired the software, contact Microsoft for information about Microsoft’s refund policies. See (aka.ms/msoffices), or in North America, call (800) MICROSOFT or see (aka.ms/nareturns). 10. Binding Arbitration and Class Action Waiver if You Live in (or if a Business Your Principal Place of Business is in) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes Microsoft, the device manufacturer, and software installer. a. Disputes covered—everything except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and the manufacturer or installer, or you and Microsoft, concerning the software, its price, or this agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights. b. Mail aNotice of Dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to the manufacturer or installer, ATTN: LEGAL DEPARTMENT. If your dispute is with Microsoft, mail it to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at (aka.ms/disputeform). We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved. c. Small claims court option. Instead of mailing a Notice of Dispute, and if you meet the court’s requirements, you may sue us in small claims court in your county of residence (or if a business your principal place of business) or our principal place of business–King County, Washington USA if your dispute is with Microsoft. We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out, but you don’t have to before going to small claims court. d. Arbitration procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the software for personal or household use, or if the value of the dispute is $75,000 USD or less whether or not you are an individual or how you use the software, its Consumer Arbitration Rules). For more information, see (aka.ms/adr) or call 1-800-778-7879. To start an arbitration, submit the form available at (aka.ms/arbitration) to the AAA; mail a copy to the manufacturer or installer (or to Microsoft if your dispute is with Microsoft). In a dispute involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (of if a business your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. e. Arbitration fees and payments. (i) Disputes involving $75,000 USD or less. The manufacturer or installer (or Microsoft if your dispute is with Microsoft) will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, the manufacturer or installer (or Microsoft if your dispute is with Microsoft) will: (1) pay the greater of the award or $1,000 USD; (2) pay your reasonable attorney’s fees, if any; and (3) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amounts unless you and we agree on them. (ii) Disputes involving more than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. (iii) Disputes involving any amount. If you start an arbitration we won’t seek our AAA or arbitrator’s fees and expenses, or your filing fees we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. If we start an arbitration we will pay all filing, AAA, and arbitrator’s fees and expenses. We won’t seek our attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves. f. Must file within one year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes — see Section 10.a.) within one year from when it first could be filed. Otherwise, it’s permanently barred. g. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of Section 10 is found to be illegal or unenforceable, that provision will be severed but the rest of Section 10 still applies. h. Conflict with AAA rules. This agreement governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. i. Microsoft as party or third-party beneficiary. If Microsoft is the device manufacturer or if you acquired the software from a retailer, Microsoft is a party to this agreement. Otherwise, Microsoft is not a party but is a third-party beneficiary of your agreement with the manufacturer or installer to resolve disputes through informal negotiation and arbitration. 11. Governing Law. The laws of the state or country where you live (or if a business where your principal place of business is located) govern all claims and disputes concerning the software, its price, or this agreement, including breach of contract claims and claims under consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of law principles. In the United States, the FAA governs all provisions relating to arbitration. 12. Consumer Rights, Regional Variations. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you: a. Australia. References to “Limited Warranty” are references to the express warranty provided by Microsoft or the manufacturer or installer. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer Law. In this section, “goods” refers to the software for which Microsoft or the manufacturer or installer provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. b. Canada. You may stop receiving updates on your device by turning off Internet access. If and when you re-connect to the Internet, the software will resume checking for and installing updates. c. European Union. The academic use restriction in Section 13.d(i) below does not apply in the jurisdictions listed on this site: (aka.ms/academicuse). d. Germany and Austria. (i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, the manufacturer or installer, and Microsoft, give no contractual guarantee in relation to the licensed software. (ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, the manufacturer or installer, or Microsoft is liable according to the statutory law. Subject to the preceding sentence, the manufacturer or installer, or Microsoft will only be liable for slight negligence if the manufacturer or installer or Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, the manufacturer or installer or Microsoft will not be liable for slight negligence. e. Other regions. See (aka.ms/variations) for a current list of regional variations. 13. Additional Notices. a. Networks, data and Internet usage. Some features of the software and services accessed through the software may require your device to access the Internet. Your access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement. Certain features of the software may help you access the Internet more efficiently, but the software’s usage calculations may be different from your service provider’s measurements. You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks. You may use the software to connect to networks, and to share access information about those networks, only if you have permission to do so. b. H.264/AVC and MPEG-4 visual standards and VC-1 video standards. The software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, AND THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, AND MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE (AKA.MS/MPEGLA). c. Malware protection. Microsoft cares about protecting your device from malware. The software will turn on malware protection if other protection is not installed or has expired. To do so, other antimalware software will be disabled or may have to be removed. d. Limited rightsversions. If the software version you acquired is marked or otherwise intended for a specific or limited use, then you may only use it as specified. You may not use such versions of the software for commercial, non-profit, or revenue-generating activities. (i) Academic. For academic use, you must be a student, faculty or staff of an educational institution at the time of purchase. (ii) Evaluation. For evaluation (or test or demonstration) use, you may not sell the software, use it in a live operating environment, or use it after the evaluation period. Notwithstanding anything to the contrary in this Agreement, evaluation software is provided “AS IS” and no warranty, implied or express (including the Limited Warranty), applies to these versions. (iii) NFR. You may not sell software marked as “NFR” or “Not for Resale”. (iv) Preview.You may choose to use preview, insider, beta or other pre-release versions of the software (“previews”) that Microsoft may make available. You may use previews only up to the software’s expiration date and so long as you comply with all the terms of this agreement. Previews are experimental and may be substantially different from the commercially released version. Notwithstanding anything to the contrary in this agreement, previews are provided “AS IS,” and no warranty, implied or express (including the Limited Warranty), applies to these versions. By installing previews on your device, you may void or impact your device warranty and may not be entitled to support from the manufacturer of your device or network operator, if applicable. Microsoft is not responsible for any damage therebycaused to you. Microsoft may not provide support services for previews. If you provide Microsoft comments, suggestions or other feedback about the preview (“submission”), you grant Microsoft and its partners rights to use the submission in any way and for any purpose. 14. Entire Agreement. This agreement (together with the printed paper license terms or other terms accompanying any software supplements, updates, and services that are provided by the manufacturer or installer, or Microsoft, and that you use), and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services (unless the manufacturer or installer, or Microsoft, provides other terms with such supplements, updates, or services). You can review this agreement after your software is running by going to (aka.ms/useterms) or going to Settings - System - About within the software. You can also review the terms at any of the links in this agreement by typing the URLs into a browser address bar, and you agree to do so. You agree that you will read the terms before using the software or services, including any linked terms. You understand that by using the software and services, you ratify this agreement and the linked terms. There are also informational links in this agreement. The links containing notices and binding terms are: · Microsoft Privacy Statement (aka.ms/privacy) · Microsoft Services Agreement (aka.ms/msa) · Adobe Flash Player License Terms (aka.ms/adobeflash) *********************************************************************** LIMITED WARRANTY Microsoft warrants that properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. This limited warranty does not cover problems that you cause, that arise when you fail to follow instructions, or that are caused by events beyond Microsoft’s reasonable control. The limited warranty starts when the first user acquires the software, and lasts for one year. Any supplements, updates, or replacement software that you may receive from Microsoft during that year are also covered, but only for the remainder of that one-year period or for 30 days, whichever is longer. Transferring the software will not extend the limited warranty. Microsoft gives no other express warranties, guarantees, or conditions. Microsoft excludes all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. If your local law does not allow the exclusion of implied warranties, then any implied warranties, guarantees, or conditions last only during the term of the limited warranty and are limited as much as your local law allows. If your local law requires a longer limited warranty term, despite this agreement, then that longer term will apply, but you can recover only the remedies this agreement allows. If Microsoft breaches its limited warranty, it will, at its election, either: (i) repair or replace the software at no charge, or (ii) accept return of the software (or at its election the Microsoft branded device on which the software was preinstalled) for a refund of the amount paid, if any. These are your only remedies for breach of warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country. Except for any repair, replacement, or refund Microsoft may provide, you may not recover under this limited warranty, under any other part of this agreement, or under any theory, any damages or other remedy, including lost profits or direct, consequential, special, indirect, or incidental damages. The damage exclusions and remedy limitations in this agreement apply even if repair, replacement or a refund does not fully compensate you for any losses, if Microsoft knew or should have known about the possibility of the damages, or if the remedy fails of its essential purpose. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover damages from Microsoft even though this agreement does not, you cannot recover more than you paid for the software (or up to $50 USD if you acquired the software for no charge). WARRANTY PROCEDURES For service or a refund, you must provide a copy of your proof of purchase and comply with Microsoft’s return policies, which might require you to uninstall the software and return it to Microsoft or return the software with the entire Microsoft branded device on which the software is installed; the certificate of authenticity label including the product key (if provided with your device) must remain affixed. 1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States or Canada, contact Microsoft via telephone at (800) MICROSOFT; via mail at Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or visit (aka.ms/nareturns). 2. Europe, Middle East, and Africa. If you acquired the software in Europe, the Middle East, or Africa, contact either Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland, or the Microsoft affiliate serving your country (aka.ms/msoffices). 3. Australia. If you acquired the software in Australia, contact Microsoft to make a claim at 13 20 58; or Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113 Australia. 4. Other countries. If you acquired the software in another country, contact the Microsoft affiliate serving your country (aka.ms/msoffices). Unity Terms of Service Last updated: August 30, 2017 Unity Technologies ApS (“Unity”, “our” or “we”) provides game-development and related software (the “Software”), development-related services (like Unity Analytics (“Developer Services”)), and various Unity communities (like Unity Answers and and the Made with Unity Platform (“Communities”)), provided through or in connection with our website, accessible at unity3d.com or unity.com (collectively, the “Site”). Except to the extent you and Unity have executed a separate agreement, these terms and conditions exclusively govern your access to and use of the Software, Developer Services, Communities and Site (collectively, the “Services”), and constitute a binding legal agreement between you and Unity (the “Terms”). These Terms, including all Additional Terms referenced in Section 1.3 below, are, collectively, the “Agreement.” If you accept or agree to the Agreement on behalf of a company, organization or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity. You acknowledge and agree that, by accessing, purchasing or using the services, you are indicating that you have read, understand and agree to be bound by the agreement whether or not you have created a unity account, subscribed to the unity newsletter or otherwise registered with the site. If you do not agree to these terms and all applicable additional terms, then you have no right to access or use any of the services. 1. Your Use Of The Services 1.1 Eligibility Except as expressly provided otherwise on the Site, the Services are intended for persons 13 and older provided, however, you must be at least 18 to make purchases or submit content to Unity. If you are under the age of 18 or whatever is the age of legal majority where you access the Services, you may purchase access to the Services only with the involvement of your legal guardian, and you represent and warrant that your legal guardian has read, understood and agreed to this Agreement. 1.2 Privacy Your privacy is important to us. Unity’s Privacy Policy discloses the information we collect and how we use it. By using any of the the Services, you agree to the terms of the Privacy Policy, so please review the Privacy Policy carefully. You affirm that you have read and accept the Privacy Policy and its terms. If you are an elementary or secondary school purchasing educational Software for distribution to/use by your students, you understand and accept the Unity Educational Products for Schools Privacy Notice ("Privacy Notice"), and you represent and warrant that you can and do consent, and have obtained all relevant consents, to the limited collection of personal information from your students in connection with providing access to those products (including transfer of such information outside of the European Economic Area), as described in the Privacy Notice. 1.3 Additional Terms The Software, Developer Services and Site/Communities are subject to additional terms as shown below (“Additional Terms”). Site and Communities Site and Communities Additional Terms Unity Connect Additional Terms Software Unity Personal, Unity Plus and Unity Pro Additional Terms Unity Certification Materials Additional Terms Unity Experimental Build/Beta Additional Terms Developer Services Unity Analytics and IAP Additional Terms Unity Certification Program Additional Terms Unity Cloud Build Additional Terms Unity Collaborate Additional Terms Unity Multiplayer Additional Terms If there is any conflict between these Terms and the Additional Terms, the Additional Terms govern in relation to the relevant Software, Developer Service or Site/Communities. Unity Ads is operated by Unity Technologies Finland Oy and has its own terms and conditions for the publishers and advertisers utilizing its services. The Unity Asset Store has separate terms and conditions for use of the Asset Store and Asset Store Providers. 1.4 Modification Unity reserves the right, at its sole discretion, to modify, discontinue or terminate the Services. Unity may also modify the Agreement at any time and without prior notice. If we modify the Agreement, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last updated” date at the top of these Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. 2. Your Unity Account In order to use most Services, you must register for a “Unity Account”. To create a Unity Account, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Unity reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Unity of any unauthorized use of your account. You may cancel your Unity Account at any time by sending an email to support@unity3d.com. Canceling your Unity Account does not relieve you of the obligation to pay any and all remaining amounts owing for your existing Software or Developer Service subscriptions 3. Your Responsibilities You represent and warrant that: (a) you have the legal capacity to agree to the Agreement; (b) you are not located in a country embargoed by the United States and that you are not on the U.S. Treasury Department's list of Specially Designated Nationals; and (c) you will comply with all applicable laws and regulations in connection with your use of the Services (including but not limited to applicable Federal Trade Commission rules and COPPA), and in accordance with the terms and conditions specified in the Agreement. 4. Intellectual Property Rights 4.1 Unity’s Ownership The Site, Software, Developer Services, Communities and Website Content (as that term is defined in the Site and Communities Additional Terms) are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Agreement, Unity and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. 4.2 Your Content As between you and Unity, you own all right, title and interest (including, all intellectual property rights) in and to the content you create using the Software, Developer Services and/or any content you post to the Site or in the Communities (collectively, “Your Content”) (other than any components of the Software contained therein or used in connection therewith). 4.3 Data License You grant Unity a perpetual, irrevocable, fully-paid and royalty-free license to collect, access, process, transmit, store, copy, share, display, and use any data and information collected by Unity or provided by you in connection with your use of the Services in order to provide, operate, develop, improve, and/or optimize any of our Services, and otherwise as permitted by our Privacy Policy. 4.4 Copyright Policy Unity respects copyright law and expects its users to do the same. Unity has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Unity’s Copyright Policy for further information. 4.5 Proprietary Rights Notices All trademarks, service marks, logos, trade names and any other proprietary designations of Unity used herein are trademarks or registered trademarks of Unity. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. 5. Payments 5.1 Fees Fees for certain Services are set forth on the Site or via the service panel in the Software (the “Service Panel”). Unity may increase, modify or add new fees and charges for any of the Services from time to time by posting such changes to the Site or within the Services Panel. Unity will provide you with at least 30 days’ notice of any changes affecting existing Software and/or Developer Services you have already started using, and your continued use of such Software and/or Developer Service after the effective date of any such change means that you accept and agree to such changes, as applicable. You agree to pay all amounts due for the Services as set forth in the online cart, quote or invoice and in accordance with Unity's payment terms and, if applicable, those of any payment processor. If any payment is not made on time, Unity may deactivate your access to the Services. All fees payable under the Agreement are net amounts and payable in full, without deduction for taxes or duties of any kind. You will be responsible for, and agree to promptly pay, all taxes or duties of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase or your receipt or use of the Services, except for taxes based on Unity’s net income. In the event that Unity is required to collect any tax for which you are responsible, you will pay such tax directly to Unity or its payment processor. If you pay any withholding taxes that are required to be paid under applicable law, you will promptly furnish Unity with written documentation of all such tax payments, including receipts. Unity reserves the right to collect any applicable sales, use or value added tax. All sales are final and there shall be no refunds except as required by law. Further, Unity will not allow changes to your purchase after you complete it. Unity may disable all copies of the Software and/or your access to any Services you have licensed or subscribed to in the event you fail to make all payments when due. You acknowledge and agree that, in the case of certain Services, any estimates of fees and charges provided to you by Unity (whether based on assumed data consumption or otherwise) are solely estimates based on assumptions and that you are fully responsible for the actual fees and charges that accrue. 5.2 Billing If you purchase Services, you will be asked to provide customary billing information, such as name, company name, billing address, credit card information, and VAT or GST number, either to Unity or its third party payment processor. VAT and GST numbers cannot be added or changed after the purchase is completed. When you provide billing information to Unity or its third party payment processor, you: (i) represent and warrant that you are the authorized user of the card, PIN, key or account associated with such billing information; (ii) agree to pay Unity for all purchases (including all applicable taxes) made via the Site or Services Panel; and (iii) thereby authorize Unity or its third party payment processor to charge your credit card or otherwise process your payment for any purchase, subscription or other fees incurred by you. If you are directed to Unity’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s privacy policy. Please review such third party’s terms and conditions and privacy policy before using such services. 5.3 Subscription Terms Any subscriptions you purchase will remain in effect for the initial subscription period, and thereafter will automatically renew on a month-to-month basis at the then-current list price, unless you renew the subscription for a new subscription term or terminate and cancel it as described on the Site. 6. Compliance To ensure compliance with the Agreement, you agree that within ten (10) days from the date of Unity or its authorized representative’s request, you shall provide all pertinent records and information requested in order to verify that your installation and use of any and all Services is in compliance with the Agreement along with a signed verification that all such information is complete and correct. Furthermore, if you are a Legal Entity, Unity or its authorized representatives may upon reasonable prior notice access and inspect your facilities and computer systems to review and verify your compliance with the Agreement. Any such inspection shall be conducted during regular business hours at your facilities or electronically via remote access. In the event you have impermissibly used Unity Personal (or other products) or have not paid the applicable fees for all Services you have deployed or used, you agree to immediately pay for such Services, as well as the reasonable inspection costs, upon Unity’s demand. 7. Termination And Account Cancellation Unity will have the right in its sole discretion, and without prior notice to you, to suspend or disable your Unity Account or terminate the Agreement and/or your right or ability to access or use any of the Services if: (a) you breach this Agreement; (b) your use of the Services poses a security risk to, or otherwise adversely impacts, the Services or any third party; (c) your use of the Services subjects Unity, our affiliates or any third party to liability; (d) your use of the Services may be fraudulent; (e) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. In the event of any suspension, disablement or termination, you acknowledge that: (i) Unity will have no further obligation to provide the Services to you; (ii) all rights granted to you under the Agreement will immediately cease; (iii) you may no longer access any of Your Content that was previously submitted via any of the Services or that was related to your Unity Account, and Unity will have no obligation to maintain or forward you Your Content; and (iv) you will remain liable for all fees and charges for all Services ordered. If Unity suspends, disables or terminates due to your breach, you will also remain liable for any remaining amounts owing for the entire term of your subscriptions. Any suspension, disablement or termination will not affect your obligations to Unity (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, disablement or termination. 8. Disclaimer THE SERVICES ARE ALL PROVIDED BY UNITY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. UNITY AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT THE SERVICES, OR ANY PART THEREOF, WILL OPERATE UNINTERRUPTED OR ERROR-FREE. UNITY AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT UNITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UNITY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF YOUR CONTENT, AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, OR YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES. 9. Indemnity To the maximum extent permitted by law, you agree to defend, indemnify, and hold Unity, its officers, directors, employees and agents, harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of any of the Services; (ii) Your Content; or (iii) your violation of the Agreement. 10. Limitation Of Liability UNITY AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY RELATED TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNTS PAID BY YOU IN THE MOST RECENT THREE (3) MONTHS FOR USE OF THE SERVICES; OR (B) ONE HUNDRED U.S. DOLLARS (US$100). IN NO EVENT WILL UNITY, ITS LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SERVICES, OR FROM THE USE OR INABILITY TO USE THE SITE, COMMUNITIES OR WEBSITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHERS AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR COMMUNITIES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT UNITY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 11. Controlling Law and Jurisdiction 11.1 Choice Of Law The Agreement is governed by and construed in accordance with the laws of Denmark, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. 11.2 Arbitration Except as set forth below in Section 11.3, any dispute arising out of or in connection with the Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration. The parties agree to arbitrate all disputes by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and unity 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 11.3 Arbitration Exceptions Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in court: (a) to enforce its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including without limitation to seek injunctive relief; (b) in cases that do not involve intellectual property rights, to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages); or (c) collect fees due pursuant to the Agreement. If you reside (or your principal place of business is) within the United States and the parties have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in San Francisco County, California. If you reside (or your principal place of business is) outside of the United States and the parties have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue in the courts located in Copenhagen, Denmark. The parties agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. 12. General The Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Unity have executed a separate agreement governing your use of the Services, in which case such separate agreement(s) will control in relation to the relevant Services. The English language version of the Agreement is legally binding in case of any inconsistencies between the English version and any translations. Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of the Agreement are hereby rejected by Unity and will be deemed null. You may not assign or transfer the Agreement or any rights granted hereunder, by operation of law or otherwise, without Unity’s prior written consent. Any attempt by you to do so, without such consent, will be void. Unity may assign or transfer the Agreement, at its sole discretion, without restriction. Unity may assign your User account for collection, and the collection agency may pursue claims limited to the collection of past due and owing amount and any interest or cost of collection permitted by law or the Agreement in any court of competent jurisdiction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or otherwise. Unity will deliver all notices, approvals or other communications required or permitted under the Agreement, including those regarding modifications to the Agreement: (a) via e-mail (in each case to the address that you provide); or (ii) by posting to the Site, the Service Panel or your Unity Account. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of the Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of the Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of the Agreement is held to be unenforceable or invalid that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. Contacting Unity You may contact legal@unity3d.com with questions. Microsoft Software License Terms Microsoft Visual Studio Community 2017 These license terms are an agreement between you and Microsoft Corporation (or based on where you live, one of its affiliates). They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have different terms. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. 1. INSTALLATION AND USE RIGHTS. a. Individual License. If you are an individual working on your own applications to sell or for any other purpose, you may use the software to develop and test those applications. b. Organizational License. If you are an organization, your users may use the software as follows: * Any number of your users may use the software to develop and test applications released under Open Source Initiative (OSI) approved open source software licenses. * Any number of your users may use the software to develop and test extensions to Visual Studio. * Any number of your users may use the software to develop and test device drivers for the Windows operating system. * Any number of your users may use the software to develop and test your applications as part of online or in person classroom training and education, or for performing academic research. * If none of the above apply, and you are also not an enterprise (defined below), then up to 5 of your individual users can use the software concurrently to develop and test your applications. * If you are an enterprise, your employees and contractors may not use the software to develop or test your applications, except for: (i) open source; (ii) Visual Studio extensions; (iii) device drivers for the Windows operating system; and, (iv) education purposes as permitted above. An “enterprise” is any organization and its affiliates who collectively have either (a) more than 250 PCs or users or (b) one million U.S. dollars (or the equivalent in other currencies) in annual revenues, and “affiliates” means those entities that control (via majority ownership), are controlled by, or are under common control with an organization. c. Workloads. These license terms apply to your use of the Workloads made available to you within the software, except to the extent a Workload, or a Workload component comes with different terms. d. Demo Use. The uses permitted above include use of the software in demonstrating your applications. e. Backup Copy. You may make one backup copy of the software, for reinstalling the software. 2. TERMS FOR SPECIFIC COMPONENTS. a. Utilities. The software contains items on the Utilities List at https://go.microsoft.com/fwlink/?LinkId=823095. You may copy and install these Utilities, if included with the software, onto your devices to debug and deploy your applications and databases you developed with the software. Please note that Utilities are designed for temporary use, that Microsoft may not be able to patch or update Utilities separately from the rest of the software, and that some Utilities by their nature may make it possible for others to access the devices on which the Utilities are installed. As a result, you should delete all Utilities you have installed after you finish debugging or deploying your applications and databases. Microsoft is not responsible for any third party use or access of Utilities you install on any devices. b. Build Tools. You may copy and install files from the software onto your build devices, including physical devices and virtual machines or containers on those machines, whether on-premises or remote machines that are owned by you, hosted on Azure by you, or dedicated solely to your use (collectively, “Build Devices”). You and others in your organization may us these files on your Build Devices solely to compile, build, and verify applications or run quality or performance tests of those applications as part of the build process. For clarity, “applications” means applications developed by you and others in your organization who are each licensed to use the software. c. Font Components. While the software is running, you may use its fonts to display and print content. You may only (i) embed fonts in content as permitted by the embedding restrictions in the fonts; and (ii) temporarily download them to a printer or other output device to print content. d. Licenses for Other Components. * Microsoft Platforms. The software may include components from Microsoft Windows; Microsoft Windows Server; Microsoft SQL Server; Microsoft Exchange; Microsoft Office; and Microsoft SharePoint. These components are governed by separate agreements and their own product support policies, as described in the Microsoft “Licenses” folder accompanying the software, except that, if license terms for those components are also included in the associated installation directory, those license terms control. * Developer Resources. The software includes compilers, languages, runtimes, environments, and other resources. These components may be governed by separate agreements and have their own product support policies. A list of these other components is located at https://support.microsoft.com. * Third party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software. e. Package Managers. The software includes package managers, like NuGet, that give you the option to download other Microsoft and third party software packages to use with your application. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute, license or provide any warranties for any of the third party packages. 3. DISTRIBUTABLE CODE. The software contains code that you may distribute in applications you develop as described in this Section. (In this Section, the term “distribution” also means deployment of your applications for third parties to access over the Internet.) a. Right to Use and Distribute. The code and other files listed below are “Distributable Code.” * REDIST.TXT Files. You may copy and distribute the object code form of code listed on the REDIST list located athttps://go.microsoft.com/fwlink/?LinkId=823098. * Sample Code, Templates and Styles. You may copy, modify and distribute the source and object code form of code marked as “sample”, “template”, “simple styles” or “sketch styles”. * Image Library. You may copy and distribute images, graphics and animations in the Image Library as described in the software documentation. * Third party Distribution. You may permit distributors of your applications to copy and distribute the Distributable Code as part of those applications. b. Distribution Requirements. For any Distributable Code you distribute, you must: * add significant primary functionality to it in your applications; and * require distributors and external end users to agree to terms that protect the Distributable Code at least as much as this agreement. c. Distribution Restrictions. You may not: * use Microsoft’s trademarks in your applications’ names or in a way that suggests your applications come from or are endorsed by Microsoft; or * modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An “Excluded License” is one that requires, as a condition of use, modification or distribution of code, that (i) it be disclosed or distributed in source code form; or (ii) others have the right to modify it. 4. DATA. a. Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you and Microsoft to collect data from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications together with a copy of Microsoft’s privacy statement. Our privacy statement is located at https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data collection and use in the help documentation and our privacy statement. Your use of the software operates as your consent to these practices. b. Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at http://go.microsoft.com/?linkid=9840733. 5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not: * work around any technical limitations in the software; * reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and only to the extent required by third party licensing terms governing the use of certain open-source components that may be included with the software; * remove, minimize, block or modify any notices of Microsoft or its suppliers in the software; * use the software in any way that is against the law; or * share, publish, rent or lease the software, provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party. 6. SUPPORT. Because the software is “as is,” we may not provide support services for it. 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 8. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users and end use. For further information on export restrictions, visit www.microsoft.com/exporting. 9. APPLICABLE LAW. If you acquired the software in the United States, Washington State law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply. 10. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you: a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights. b. Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software. c. Germany and Austria. (i) Warranty. The software will perform substantially as described in any Microsoft materials that accompany it. However, Microsoft gives no contractual guarantee in relation to the software. (ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as in case of death or personal or physical injury, Microsoft is liable according to the statutory law. Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called “cardinal obligations”). In other cases of slight negligence, Microsoft will not be liable for slight negligence. 11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 12. LIMITATION ON DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages. EULA ID: VS2017_COMMUNITY_RTW.3_ENU Scribd General Terms of Use Also see Scribd's Privacy Policy. For Scribd Unlimited payment and billing information, cancellation information, and restrictions, see the Scribd Paid Access End User License Agreement. 5 February 2018 Welcome to the Scribd.com (owned and operated by Scribd, Inc. (hereinafter “Scribd”)) content management platform -- consisting of web sites, services, software applications and networks -- that allows for the authorized upload, download, purchase, sale, sharing and distribution of written digital content over the internet (the “Scribd Platform”). The terms “Scribd” and the “Scribd Platform” apply to any site or mobile application owned and operated by Scribd, Inc., including Scribd.com and the Scribd mobile applications (each an “App”). The following Terms of Use for the Scribd Platform is a legal contract between You, either an individual user or a single entity (“You” or, collectively, “Users”), and Scribd regarding Your use of the Scribd Platform. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR, ACCESSING, BROWSING, POSTING, DOWNLOADING FROM OR USING THE SCRIBD PLATFORM, 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”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SCRIBD PLATFORM IN THE MANNER DESCRIBED IN SECTION 12.2 BELOW. ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SCRIBD WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. 1. Eligibility. The Scribd Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the Scribd Platform by Scribd. If You are using or opening an account on the Scribd Platform on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then You represent and warrant that You are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. BY USING THE SCRIBD PLATFORM, YOU REPRESENT THAT You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 13 years old, as the Scribd Platform is not intended for children under 13. 2. Privacy; Additional Terms. Your privacy is important to Scribd. Scribd’s Privacy Policy is hereby incorporated into these Terms by reference. The Paid Access End User License Agreement (“Paid Access EULA”) and Giftcard/Gift Membership Terms and Conditions are also hereby incorporated into these Terms by reference. Please read these notices carefully for information relating to Scribd’s collection, use, and disclosure of Your personal information. 3. Individual Features and Services. When using the Scribd Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms. 4. Paid Access Scribd offers several ways for You to purchase access to select content via the Scribd Platform: You can pay for a membership (“Membership”) for access to certain content, or pay a one-time fee for access to a certain piece of content (“Direct Purchase”). Your access to the applicable content and related purchase transaction are subject to the Scribd Paid Access EULA. Please see the Paid Access EULA for further information on Memberships and Direct Purchases. 5. Modification of these Terms and the Scribd Platform. Scribd reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms or any additional terms, including the Giftcard/Gift Membership Terms and Conditions and Paid Access EULA, at any time. If we do so, we’ll let you know either by posting the modified Terms on the Scribd Platform or through other communications. Please check these Terms and any Guidelines periodically for changes. It’s important that you review the Terms whenever we modify them because Your continued use of the Scribd Platform after the posting of changes constitutes Your binding acceptance of such changes. If you don’t agree to be bound by the modified Terms, then you may not use the Scribd Platform anymore. Because the Scribd Platform is evolving over time we may change or discontinue all or any part of the Scribd Platform, at any time and without notice, at our sole discretion. 6. Digital Millennium Copyright Act. Please note that since we respect authors’ and content holders’ rights, it is Scribd’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please visit Scribd's Copyright Resource Center. Please note that Scribd will promptly terminate without notice any User’s access to the Scribd Platform if that User is determined by Scribd to be a “repeat infringer”. A repeat infringer is a User who has been notified by Scribd of infringing activity violations more than twice as a result of DMCA takedown notices or other similar copyright notices. 7. Scribd Platform License Grant. 7.1 License Grant to Scribd Mobile App Subject to Your compliance with the terms and conditions set out in these Terms, Scribd grants to You a limited, non-exclusive, non-transferable, freely revocable license to download and install a copy of the App on any mobile device or computer that You own or control and to run such copy of the App solely for Your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Scribd reserves all rights in and to the App not expressly granted to You under these Terms. 7.2 License Grant to Download. Subject to Your compliance with the terms and conditions set out in these Terms, Scribd hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as Scribd may restrict or block at the request of its content providers or on its own initiative. The “select content” to which you are granted a license in this section 7.2 does not include the Scribd Commercial Content (as defined in the Paid Access EULA). The Paid Access EULA governs Your access to and use of Scribd Commercial Content. Please see the Paid Access EULA for the applicable terms. 7.3 Reservation of Rights. Scribd reserves all rights not expressly granted in these Terms. 7.4 Prevention of Unauthorized Use. Scribd reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Scribd Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. 8. Content Disclaimer. You understand that when using the Scribd Platform You will be exposed to content from a variety of sources, and that Scribd is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Scribd with respect thereto. Scribd does not endorse any content or any opinion, recommendation, or advice expressed therein, and Scribd expressly disclaims any and all liability in connection with such content. If notified by a User or a content owner of content that allegedly does not conform to these Terms, Scribd may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. For clarity, Scribd does not permit copyright infringing activities on the Scribd Platform. 9. Prohibited Conduct. BY USING THE SCRIBD PLATFORM YOU AGREE NOT TO: 9.1 use the Scribd Platform for any purposes other than to receive original or appropriately licensed content, to add User Comments, and/or to access the Scribd Platform as such services are offered by Scribd; 9.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below); 9.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Comments, or other content; 9.4 post, upload, or distribute any User Comments or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate; 9.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Scribd Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Scribd Platform, or perform any other similar fraudulent activity; 9.6 delete the copyright or other proprietary rights notices on the Scribd Platform or associated with any content available via the Scribd Platform; 9.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Scribd Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; 9.8 use the Scribd Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; 9.9 defame, harass, abuse, threaten or defraud Users of the Scribd Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent; 9.10 use the Scribd Platform if You are under the age of thirteen (13) years old; 9.11 remove, circumvent, disable, damage or otherwise interfere with DRM and other security-related features of the Scribd Platform features that prevent or restrict use or copying, printing, or sharing of any content accessible through the Scribd Platform, or features that enforce limitations on the use of the Scribd Platform or any content available via the Scribd Platform; 9.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Scribd Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 9.13 modify, adapt, translate or create derivative works based upon the Scribd Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 9.14 intentionally interfere with or damage operation of the Scribd Platform or any user’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; 9.15 relay email from a third party’s mail servers without the permission of that third party; 9.16 use any robot, spider, scraper, or other automated means to access the Scribd Platform for any purpose or bypass any measures Scribd may use to prevent or restrict access to the Scribd Platform; 9.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Scribd Platform; 9.18 interfere with or disrupt the Scribd Platform or servers or networks connected to the Scribd Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Scribd Platform; or 9.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other content that in Scribd’s sole opinion detracts from the Scribd experience. 10. Account When You use the Scribd Platform to print content, download content, or otherwise access content or use any products, services, or otherwise access information from Scribd, You may be asked to create an account and provide a password. You are solely 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. You agree that the information You provide to Scribd on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Scribd by emailing support@scribd.com. You may be liable for the losses incurred by Scribd or others due to any unauthorized use of Your Scribd Platform account. 11. Third-Party Sites, Products and Services; Links. The Scribd Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Scribd, Scribd does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Scribd Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk. 12. Termination; Terms of Use Violations. 12.1 Scribd. You agree that Scribd, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Scribd or Your use of the Scribd Platform and remove and discard all or any part of Your account, User profile, and any content, at any time and without notice to You. One reason we may terminate Your account is if You do not log into Your account for an extensive period of time; however, we will not terminate Your account for inactivity if You have a Direct Purchase associated with Your account or continue to pay the fees associated with a Membership. Scribd may also in its sole discretion and at any time discontinue providing access to the Scribd Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the Scribd Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Scribd will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Scribd may have at law or in equity. Notwithstanding the foregoing, if you have paid for a Membership or a Direct Purchase, please see the Paid Access EULA for additional terms applicable to the cancellation of Your account. 12.2 You. Your only remedy with respect to any dissatisfaction with (i) the Scribd Platform, (ii) any term of these Terms, (iii) any policy or practice of Scribd in operating the Scribd Platform, or (iv) any content or information transmitted through the Scribd Platform, is to cancel Your account and stop using Scribd. You may cancel Your Account at any time through the Scribd Platform by logging into the Site or the App and going to Your account settings, or by sending an email to us at support@scribd.com requesting a cancellation of your account. You may terminate these Terms at any time by canceling Your account and discontinuing use of Scribd. 12.3 Effect of Cancellation or Termination. Upon any cancellation or termination, the rights and licenses granted to You under these Terms and any additional terms and conditions, including the Giftcard/Gift Membership Terms and Conditions and the Paid Access EULA, will automatically terminate and the following provisions will survive: “Effect of Cancellation or Termination,” “Ownership; Proprietary Rights,” “Indemnification,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Dispute Resolution,” and “Miscellaneous.” 13. Ownership; Proprietary Rights. The Scribd Platform is owned and operated by Scribd. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, services, and all other elements of the Scribd Platform provided by Scribd (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Scribd acknowledges that You retain ownership of any User Comments You may post via Scribd, subject however to Your grant to Scribd of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of the Scribd Platform. All Materials contained on the Scribd Platform are the property of Scribd or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Scribd or its affiliates and/or third-party licensors. Except as expressly authorized by Scribd, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Scribd Platform. Scribd reserves all rights not expressly granted in these Terms. 14. Indemnification. You agree to indemnify, save, and hold Scribd, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Scribd Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Scribd reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Scribd, and You agree to cooperate with Scribd’s defense of these claims. Scribd will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. 15. Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCRIBD, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCRIBD OR THROUGH THE SCRIBD PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM SCRIBD INCLUDES SCRIBD’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. 16. Limitation of Liability and Damages. 16.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SCRIBD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON THE SCRIBD PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH SCRIBD, EVEN IF SCRIBD OR A SCRIBD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 16.2 Limitation of Damages. IN NO EVENT WILL THE TOTAL LIABILITY OF SCRIBD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SCRIBD PLATFORM OR YOUR INTERACTION WITH OTHER SCRIBD PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SCRIBD PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. 16.3 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SCRIBD AND RECEIVED THROUGH OR ADVERTISED ON THE SCRIBD PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES. 16.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT SCRIBD HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SCRIBD, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SCRIBD. SCRIBD WOULD NOT BE ABLE TO PROVIDE THE SCRIBD PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. 16.5 Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED. 17. Dispute Resolution. 17.1 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. 17.2 Agreement to Arbitrate. You and Scribd agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Scribd Platform or content available on the Scribd Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, You will also have the right to litigate any other Dispute if You provide Scribd with written notice of Your desire to do so by email or regular mail at Scribd, Inc., 333 Bush St. Suite 2400, San Francisco, 94104 within thirty (30) days following the date You first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If You don’t provide Scribd with an Arbitration Opt-out Notice within the thirty (30) day period, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if You timely provide Scribd with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. 17.3 Class and Representative Action Waiver. Unless You timely provide Scribd with an Arbitration Opt-out Notice, You acknowledge and agree that You and Scribd are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Scribd otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. 17.4 Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. 17.5 Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. 17.6 Arbitration Location and Procedure. Unless You and Scribd otherwise agree, the arbitration will be conducted in the county where You reside. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that You and Scribd submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. 17.8 Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. If You prevail in arbitration You will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Scribd will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. 17.9 Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if Your claim for damages does not exceed $75,000, Scribd will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). 17.8 Changes. Notwithstanding the provisions of the “Modification of these Terms” section above, if Scribd changes this “Dispute Resolution” section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by sending us written notice (including by email to support@scribd.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Scribd’s email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Scribd in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms). 18. Miscellaneous. 18.1 Notice. Scribd may provide You with notices, including those regarding changes to Scribd’s terms and conditions, by email, regular mail, or postings on the Scribd Platform. Notice will be deemed given twenty-four hours after email is sent, unless Scribd is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Scribd Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Scribd Platform is deemed given ten days following the initial posting. 18.2 Waiver. The failure of Scribd to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Scribd. 18.3 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. 18.4 Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Scribd without restriction. Any assignment attempted to be made in violation of these Terms shall be void. 18.5 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-18. 18.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. 18.7 Entire Agreement. These Terms (including all Guidelines and terms incorporated herein) and the Paid Access EULA as applicable, are the entire agreement between You and Scribd relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Scribd as set forth in section 5 above. 18.8 Claims. YOU AND SCRIBD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SCRIBD PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 18.9 Disclosures. The services are offered by Scribd Inc., located at: Scribd.com, 333 Bush Street, Suite 2400, San Francisco, CA 94104, and email: support@scribd.com. If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information. 19. Gift Memberships. Please refer to the Scribd Gift Membership Terms and Conditions. Scribd Privacy policy April 18, 2013 Scribd values the privacy of the users, subscribers, publishers, members, and others who visit and use the Scribd Platform (collectively or individually, “You” or “Users”). By using the Scribd Platform, you expressly consent to the information handling practices described in this notice. This Privacy Notice is incorporated into and is subject to the Scribd Platform Terms of Use. Your use of the Scribd Platform and any personal information you provide through the Scribd Platform are subject at all time to this Privacy Notice and the Terms of Use. Terms for “Scribd” and the “Scribd Platform” apply to any site or mobile application owned and operated by Scribd, Inc, including Scribd.com and the Scribd mobile application. The Information Scribd Collects The Way Scribd Uses Information When Scribd Discloses Information Your Choices Third-Party Advertisers Data Security Children’s Privacy International Visitors In the Event of Merger or Sale Changes and Updates to this Privacy Notice Scribd Contact Information 1. The Information Scribd Collects User-provided Information: You may provide to Scribd what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, home/mobile telephone number) if you log in to the Scribd Platform, or otherwise use the features and functionality of the Scribd Platform. You may also provide other information to Scribd, including your age, location, and gender, through use of its functionality and features, such as by creating a user profile. “Cookies” Information: When you access the Scribd Platform, we or one of our advertising partners, may send one or more cookies – small text files that contain a string of alphanumeric characters – to your computer. Scribd may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Scribd Platform. One type of persistent cookie that may be installed on your computer when you use Scribd is called a “Flash cookie” or an “LSO.” Persistent cookies can be removed. Please review your web browser's “Help” file to learn the proper way to modify your cookie settings. For more information on how to manage Flash cookies, you can go here. For more information about cookies and how they are used, you can go here. “Automatically Collected” Information: When you access the Scribd Platform or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique device or user ID, version of software installed, system type, the referring search query used to locate content and pages on the Scribd Platform, the content and pages that you access on the Scribd Platform, the dates and times that you visit the Scribd Platform, and information from your Facebook account that you make publicly available, which is provided to us by Facebook via the Facebook APIs. 2. The Way Scribd Uses Information Scribd uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Scribd Platform as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act. Scribd may also use the information that you provide or that we collect to serve you with advertisements. We will use your email address, without further consent, for administrative communications such as notifying you of major updates, for customer service purposes, to address copyright infringement or policy issues, or to contact you regarding any content that you have posted to, read on, or downloaded from Scribd. You also consent to receive other communications from Scribd, such as newsletters about new releases, special offers, promotional announcements, and customer surveys via email or other methods. If you no longer wish to receive certain non-transactional communications, you may opt-out via the “Account Settings > Preferences” panel after you have logged into the Scribd website. Scribd uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the Scribd Platform works and looks, and to create new features and functionality. Scribd may use “Automatically Collected” information and “Cookies” information to: (a) automatically update the Scribd application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the Scribd Platform; (c) monitor aggregate site usage metrics such as total number of visitors and pages accessed; (d) provide such metrics to Users as they pertain to such User’s uploaded content; and (e) track your entries, submissions, and status in any promotions or other activities. 3. When Scribd Discloses Information Scribd does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent, except that if you have provided us with an email address, Scribd may provide a hashed version of it to its advertising partners, RapLeaf, Bizo, and LiveRamp, to enable better targeted advertising where RapLeaf, Bizo, and LiveRamp already possesses your email address. If RapLeaf, Bizo, or LiveRamp do not already have your email address in their records, they cannot use the hashed version that we provide. For more information on RapLeaf’s privacy practices, and to opt out, please visit https://www.rapleaf.com/privacy. For more information on Bizo's privacy practices, and to opt out, please visit http://www.bizo.com/businessProfessionals/index. For more information on LiveRamp's privacy practices, and to opt out, please visit http://liveramp.com/privacy/. Scribd may disclose aggregated or other types of non-personally identifiable information to third parties for various purposes, including marketing or promotional uses. For example, Scribd may disclose non-personally identifiable information to interested third parties to assist them in understanding the usage, viewing, and demographic patterns on the the Scribd Platform. Please be aware that any personally identifiable information that you voluntarily choose to display on the Scribd Platform – such as when you publish attribution credits for documents or profile information – becomes publicly available and may be collected and used by others without restriction. We may disclose User information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist Scribd in improving the Scribd Platform and creating new services features. We require that these parties process such information in compliance with this Privacy Notice, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures. Scribd may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity. Scribd also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary: to take precautions against liability; to protect Scribd from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Scribd Platform; or to protect the rights, property, or personal safety of Scribd, our Users, or others. Scribd shows aggregate geographical information about visitors on Scribd document pages in our analytics section. This information includes the cities and countries of people viewing documents, the document which was viewed, and the time the document was viewed. This information is publicly available to all Scribd users. 4. Your Choices You may, of course, decline to share your personally-identifiable information with Scribd, in which case Scribd will not be able to provide to you some of the features and functionality found on the Scribd Platform. You may update, correct, or delete your user information and preferences at any time here. You may also choose to opt-out of receiving interest-based advertising from many of our advertising partners and others by visiting http://www.aboutads.info/choices/ or http://www.networkadvertising.org/managing/opt_out.asp To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES. 5. Third-Party Advertisers Scribd adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, available at http://www.aboutads.info. Our advertising partners, such as RapLeaf, Bizo and BlueKai, may use technology to provide the advertisements that appear on the Scribd Platform and to use data collected through the Scribd Platform, as described above and in this section, to better target ads shown on Scribd and other websites. For a list of many of the advertisers that may work with Scribd please visit http://www.aboutads.info/participating. Our advertising partners may also use cookies or pixel tags to enable the serving of customized advertisements and content to you both on Scribd and on other websites and services based on your visits to, and use of Scribd, as well as based on your visits to third-party sites and services on the Internet. These cookies or pixel tags may contain non-personally identifiable demographic or other data. You may opt-out of receiving interest-based advertising from many of our advertising partners by visiting http://www.aboutads.info/choices/ or http://www.networkadvertising.org/managing/opt_out.asp 6. OUR COMMITMENT TO DATA SECURITY SCRIBD USES COMMERCIALLY REASONABLE PHYSICAL, MANAGERIAL, AND TECHNICAL SAFEGUARDS TO PRESERVE THE INTEGRITY AND SECURITY OF YOUR PERSONAL INFORMATION. WE CANNOT, HOWEVER, ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO SCRIBD, AND YOU DO SO AT YOUR OWN RISK. ONCE WE RECEIVE YOUR TRANSMISSION OF INFORMATION, SCRIBD MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS.HOWEVER, PLEASE NOTE THAT THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR MANAGERIAL SAFEGUARDS. IF SCRIBD LEARNS OF A SECURITY SYSTEMS BREACH, THEN WE MAY ATTEMPT TO NOTIFY YOU ELECTRONICALLY SO THAT YOU CAN TAKE APPROPRIATE PROTECTIVE STEPS. SCRIBD MAY POST A NOTICE ON THE SCRIBD PLATFORM IF A SECURITY BREACH OCCURS. DEPENDING ON WHERE YOU LIVE, YOU MAY HAVE A LEGAL RIGHT TO RECEIVE NOTICE OF A SECURITY BREACH IN WRITING. TO RECEIVE A FREE WRITTEN NOTICE OF A SECURITY BREACH YOU SHOULD NOTIFY US AT PRIVACY@SCRIBD.COM. 7. OUR COMMITMENT TO CHILDREN'S PRIVACY IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SCRIBD PLATFORM AT ANY TIME OR IN ANY MANNER. PROTECTING THE PRIVACY OF YOUNG CHILDREN IS ESPECIALLY IMPORTANT. FOR THAT REASON, SCRIBD DOES NOT KNOWINGLY COLLECT OR MAINTAIN PERSONALLY IDENTIFIABLE INFORMATION FROM PERSONS UNDER 13 YEARS-OF-AGE. IF SCRIBD LEARNS THAT PERSONALLY-IDENTIFIABLE INFORMATION OF PERSONS LESS THAN 13-YEARS-OF-AGE HAS BEEN COLLECTED ON OR THROUGH THE SCRIBD PLATFORM, THEN SCRIBD WILL TAKE THE APPROPRIATE STEPS TO DELETE THIS INFORMATION. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 13 WHO HAS BECOME SCRIBD PLATFORM MEMBER, THEN PLEASE CONTACT SCRIBD AT PRIVACY@SCRIBD.COM TO HAVE THAT CHILD’S ACCOUNT TERMINATED AND INFORMATION DELETED. THE FOLLOWING ARE SOME RESOURCES THAT MAY HELP PARENTS AND LEGAL GUARDIANS IN MONITORING AND LIMITING YOUR CHILDRENS' ACCESS TO CERTAIN TYPES OF MATERIAL ON THE INTERNET. WHILE SCRIBD DOES NOT ENDORSE THESE PRODUCTS, WE PROVIDE INFORMATION ABOUT THEM AS A PUBLIC SERVICE TO OUR COMMUNITY. “OnGuard Online,” maintained by the Federal Trade Commission. WiredSafety Netsmartz.org The Child Safety Network Control Kids Cyber Sitter Net Nanny 8. INTERNATIONAL VISITORS FOR USERS VISITING THE SCRIBD PLATFORM FROM THE EUROPEAN ECONOMIC AREA OR OTHER NON-U.S. TERRITORIES, PLEASE NOTE THAT ANY DATA YOU ENTER INTO THE SCRIBD PLATFORM WILL BE TRANSFERRED OUTSIDE THE EUROPEAN ECONOMIC AREA OR SUCH OTHER NON-U.S. TERRITORY FOR USE BY SCRIBD AND ITS AFFILIATES FOR ANY OF THE PURPOSES DESCRIBED HEREIN.IN ADDITION, BECAUSE SCRIBD OPERATES GLOBALLY, WE MAY MAKE INFORMATION WE GATHER AVAILABLE TO WORLDWIDE BUSINESS UNITS AND AFFILIATES. BY PROVIDING ANY DATA ON THE SCRIBD PLATFORM, YOU HEREBY EXPRESSLY CONSENT TO SUCH TRANSFERS OF YOUR DATA TO THE UNITED STATES OR OTHER COUNTRIES. 9. IN THE EVENT OF MERGER OR SALE IN THE EVENT THAT SCRIBD IS ACQUIRED BY OR MERGED WITH A THIRD-PARTY ENTITY, WE RESERVE THE RIGHT, IN ANY OF THESE CIRCUMSTANCES, TO TRANSFER OR ASSIGN THE INFORMATION THAT WE HAVE COLLECTED FROM USERS AS PART OF THAT MERGER, ACQUISITION, SALE, OR OTHER CHANGE OF CONTROL. 10. CHANGES AND UPDATES TO THIS PRIVACY NOTICE THIS PRIVACY NOTICE MAY BE REVISED PERIODICALLY WITHOUT FURTHER NOTICE TO YOU AND THIS WILL BE REFLECTED BY A “LAST MODIFIED” DATE BELOW. PLEASE REVISIT THIS PAGE TO STAY AWARE OF ANY CHANGES. IN GENERAL, WE ONLY USE YOUR PERSONAL INFORMATION IN THE MANNER DESCRIBED IN THE PRIVACY NOTICE IN EFFECT WHEN WE RECEIVED THAT PERSONAL INFORMATION.YOUR CONTINUED USE OF THE SCRIBD PLATFORM CONSTITUTES YOUR AGREEMENT TO THIS PRIVACY NOTICE AND ANY FUTURE REVISIONS. FOR REVISIONS TO THIS PRIVACY NOTICE THAT MAY BE MATERIALLY LESS RESTRICTIVE ON OUR USE OR DISCLOSURE OF PERSONAL INFORMATION YOU HAVE PROVIDED TO US, WE WILL MAKE REASONABLE EFFORTS TO NOTIFY YOU AND OBTAIN YOUR CONSENT BEFORE IMPLEMENTING REVISIONS WITH RESPECT TO SUCH INFORMATION. 11. SCRIBD CONTACT INFORMATION PLEASE CONTACT SCRIBD WITH ANY QUESTIONS OR COMMENTS ABOUT THIS PRIVACY NOTICE, YOUR PERSONAL INFORMATION, AND OUR THIRD-PARTY DISCLOSURE PRACTICES OR YOUR CONSENT CHOICES AT: SCRIBD.COM, 333 BUSH STREET, SUITE 2400, SAN FRANCISCO, CA 94104, OR BY EMAIL: PRIVACY@SCRIBD.COM. WE WILL RESPOND TO YOUR INQUIRY WITHIN 30 DAYS OF ITS RECEIPT. Blender GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. Copyright (C) This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details. The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker. , 1 April 1989 Ty Coon, President of Vice This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License. License For Customer Use of NVIDIA GeForce Software IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of NVIDIA GeForce Software ("LICENSE") is the agreement which governs use of the GeForce software of NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable herefrom, including computer software and associated materials ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download the SOFTWARE. RECITALS Use of NVIDIA's products requires three elements: the SOFTWARE, the hardware on a graphics controller board, and a personal computer. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this LICENSE. The hardware is protected by various patents, and is sold, but this LICENSE does not cover that sale. This LICENSE sets forth the terms and conditions of the SOFTWARE use only. 1. DEFINITIONS 1.1 Customer. Customer means the entity or individual that downloads the SOFTWARE. 2. GRANT OF LICENSE 2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer a non-exclusive, non-transferable license to install and use the SOFTWARE for use with NVIDIA GeForce or Titan branded hardware products owned by Customer, subject to the following: 2.1.1 Rights. Customer may install and use multiple copies of the SOFTWARE on a shared computer or concurrently on different computers, and make multiple back-up copies of the SOFTWARE, solely for Customer's use within Customer's Enterprise. "Enterprise" shall mean individual use by Customer or any legal entity (such as a corporation or university) and the subsidiaries it owns by more than fifty percent (50%). 2.1.2 Linux/FreeBSD Exception. Notwithstanding the foregoing terms of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or FreeBSD operating systems, or other operating systems derived from the source code to these operating systems, may be copied and redistributed, provided that the binary files thereof are not modified in any way (except for unzipping of compressed files). 2.1.3 Limitations. No Modification or Reverse Engineering. Customer may not modify (except as provided in Section 2.1.2), reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code. No Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts. No Sublicensing or Distribution. Customer may not sell, rent, sublicense, distribute or transfer the SOFTWARE; or use the SOFTWARE for public performance or broadcast; or provide commercial hosting services with the SOFTWARE. No Datacenter Deployment. The SOFTWARE is not licensed for datacenter deployment, except that blockchain processing in a datacenter is permitted. 3. TERMINATION This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts. Defensive Suspension. If Customer commences or participates in any legal proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings. 4. OWNERSHIP All title and intellectual property rights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying materials, and any copies of the SOFTWARE, are owned by NVIDIA or its suppliers. 5. APPLICABLE LAW AND BINDING ARBITRATION Governing Law. This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Delaware, without regard to or application of its conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. Arbitration. For any claim against or dispute or controversy with NVIDIA relating to this LICENSE or that may arise from it or out of use of the SOFTWARE (collectively, "Disputes"), Customer agrees to first contact NVIDIA by U.S. Mail at NVIDIA Corporation, ATTN: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051 and attempt to resolve the Dispute with NVIDIA informally. In the unlikely event that NVIDIA has not been able to resolve such Dispute it has with Customer within 60 days of Customer's original informal claim (or sooner if, in NVIDIA's opinion, a Dispute is not likely to be resolved within 60 days), Customer and NVIDIA each agree to resolve any such Dispute (excluding any NVIDIA claims for injunctive or other equitable relief) by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services ("JAMS") located in Santa Clara County, California under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Santa Clara County, California (or the nearest JAMS Office to Santa Clara County), unless Customer requests an in-person hearing in Customer's hometown or Customer and NVIDIA agree otherwise. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights. If for any reason this agreement to arbitrate is found not to apply to a Dispute and as a result a Dispute proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Santa Clara County, California. Class Action & Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION UNLESS SUCH ARBITRATION IS NECESSARY TO EFFECTUATE THE ENFORCEMENT OF THE COURT CLASS ACTION WAIVER OR IN THE EVENT THAT CLASS ARBITRATION IS EXPRESSLY AGREED TO BY NVIDIA. CUSTOMER AGREES THAT, BY ENTERING INTO THIS LICENSE, CUSTOMER AND NVIDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Right to Opt Out. CUSTOMER MAY OPT OUT OF THE FOREGOING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION OF THIS LICENSE BY NOTIFYING NVIDIA IN WRITING WITHIN 30 DAYS OF COMMENCEMENT OF USE OF THE SOFTWARE UNDER THIS LICENSE. SUCH WRITTEN NOTIFICATION MUST BE SENT TO ATTN: LEGAL, 2788 SAN TOMAS EXPRESSWAY, SANTA CLARA, CALIFORNIA, 95051 AND MUST INCLUDE (1) Customer's NAME, (2) Customer's ADDRESS, (3) THE REFERENCE TO GEFORCE SOFTWARE AS THE SOFTWARE THE NOTICE RELATES TO, AND (4) A CLEAR STATEMENT INDICATING THAT CUSTOMER DOES NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30 DAY TIME LIMIT TO OPT OUT. 6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING FROM THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, Customer is solely responsible for determining and verifying that the SOFTWARE that Customer obtains and installs is the appropriate version for Customer's model of graphics controller board, operating system, and computer hardware. 6.2 Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVIDIA's TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS LICENSE EXCEED THE NET AMOUNT PAID TO NVIDIA FOR Customer's USE OF THE PARTICULAR SOFTWARE UPON WHICH LIABILITY IS BASED, OR US$10.00 IF NVIDIA RECEIVED NO FEES FOR Customer's USE OF THE SOFTWARE. 7. SYSTEM UPDATES Customer hereby agrees and acknowledges that the SOFTWARE may access and collect information about, update, and configure Customer's system in order to properly optimize such system for use with the SOFTWARE. To the extent that Customer uses the SOFTWARE, Customer hereby consents to all of the foregoing, and represent and warrant that Customer has the right to grant such consent. In addition, Customer agrees that Customer is solely responsible for maintaining appropriate data backups and system restore points for Customer's system, and that NVIDIA will have no responsibility for any damage or loss to such system (including loss of data or access) arising from or relating to (a) any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of the system (or any part of such system) initiated through the SOFTWARE; or (b) installation of any SOFTWARE or third party software patches through the NVIDIA update service. The SOFTWARE may contain links to websites and services. NVIDIA encourages Customer to review the privacy statements on those sites and services that Customer chooses to visit so that Customer can understand how they may collect, use and share Customer's personal information. NVIDIA is not responsible for the privacy statements or practices of sites and services controlled by other companies or organizations. Registration and Customer Information. Customer represents and warrants that the information that Customer has furnished in connection with its registration for the SOFTWARE is complete and accurate. To the extent that Customer provides to NVIDIA during registration or otherwise personal data, Customer also acknowledges that such information will be collected, used, and disclosed by NVIDIA in accordance with NVIDIA's privacy policy, available at URL http://www.nvidia.com/object/privacy_policy.html. If Customer does not wish the SOFTWARE to provide system updates as described in this Section 7, uncheck "Automatically check for updates" in the "Preferences" tab of the applicable NVIDIA update control panel for the SOFTWARE. 8. MISCELLANEOUS If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of NVIDIA. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Industry and Security or any applicable export laws, restrictions or regulations. License For Customer Use of NVIDIA Software IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of NVIDIA Software ("LICENSE") is the agreement which governs use of the software of NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable herefrom, including GeForce Experience, installers, computer software (including drivers downloaded in connection with GeForce Experience) and associated printed materials ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download the SOFTWARE. RECITALS Use of NVIDIA's products requires three elements: the SOFTWARE, the hardware on a graphics controller board, and a personal computer (collectively, such hardware and personal computer is defined herein as "CUSTOMER SYSTEM"). The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this document. The hardware is protected by various patents, and is sold, but this LICENSE does not cover that sale, since it may not necessarily be sold as a package with the SOFTWARE. This LICENSE sets forth the terms and conditions of the SOFTWARE LICENSE only. 1. DEFINITIONS 1.1 Customer. Customer means the entity or individual that downloads and/or installs the SOFTWARE. 2. GRANT OF LICENSE 2.1 Rights and Limitations of Grant. Provided Customer complies with the terms in this LICENSE, NVIDIA hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE in the manner and for the purposes described in the associated printed materials, with the following limitations: 2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on CUSTOMER SYSTEM, and except for making one back-up copy of the SOFTWARE, may not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE may not be shared or used concurrently on different computers. 2.1.2 Limitations. No Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code. You may not remove any copyright notices from the SOFTWARE. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts. No Rental. Customer may not rent or lease the SOFTWARE to someone else. 2.2 Additional Information. 7-Zip. The SOFTWARE includes the 7-Zip software program ("7-Zip"). Use of the source code for 7-Zip is subject to the terms and conditions at www.7-zip.org. 3. CONSENT TO COLLECTION AND USE OF INFORMATION Customer hereby acknowledges that the SOFTWARE accesses and collects non-personally identifiable information about Customer and CUSTOMER SYSTEM as well as configures CUSTOMER SYSTEM in order to (a) properly optimize such system for use with the SOFTWARE, (b) deliver content through the SOFTWARE, and (c) improve NVIDIA products and services. Information collected by the SOFTWARE includes, but is not limited to, CUSTOMER SYSTEM'S (a) hardware configuration and ID, (b) operating system and driver configuration, (c) installed games and applications, (d) games and applications settings, performance, and usage data, and (e) usage metrics of the SOFTWARE, and that the SOFTWARE uses Google Analytics. To the extent that Customer uses the SOFTWARE, Customer hereby consents to all of the foregoing, and represents and warrants that Customer has the right to grant such consent. In addition, Customer agrees that Customer is solely responsible for maintaining appropriate data backups and system restore points for CUSTOMER SYSTEM, and that NVIDIA will have no responsibility for any damage or loss to CUSTOMER SYSTEM (including loss of data or access) arising from or relating to (a) any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of CUSTOMER SYSTEM (or any part of CUSTOMER SYSTEM) initiated through the SOFTWARE; or (b) installation of any SOFTWARE or third party software patches initiated through the SOFTWARE. The SOFTWARE may contain links to websites and services. We encourage you to review the privacy statements on those sites and services that you choose to visit so that you can understand how they may collect, use and share your personal information. NVIDIA is not responsible for the privacy statements or practices of sites and services controlled by other companies or organizations. Customer and CUSTOMER SYSTEM information collection rules can be configured on the "Preferences" tab of GeForce Experience. For more information on NVIDIA's collection and use of information policies for this SOFTWARE, visit . Customer represents and warrants that the non-personally identifiable information that Customer has furnished in connection with its registration for the SOFTWARE is complete and accurate. Customer also acknowledges that from time to time, NVIDIA may collect, use, and disclose such information about Customer and/or Customer's system in connection with the SOFTWARE in accordance with NVIDIA's privacy policy, available at URL A description of how Google Analytics collects and processes data is available at www.google.com/policies/privacy/partners or any other URL as may be provided from time to time. 4. TERMINATION This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts. Defensive Suspension. If Customer commences or participates in any legal proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings. 5. COPYRIGHT All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by NVIDIA, or its licensors or suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive purposes. The algorithms, structure, organization and source code of the Software are the valuable trade secrets and confidential information of NVIDIA. Except as otherwise expressly provided herein, neither this LICENSE nor NVIDIA grants Customer any express or implied right under any NVIDIA patents, copyrights, trademarks, or other intellectual property rights in the SOFTWARE, and all rights, title and interest in and to the SOFTWARE not expressly granted are reserved by NVIDIA or its licensors or suppliers. 6. APPLICABLE LAW This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. The state and/or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. Customer may not export the SOFTWARE in violation of applicable export laws and regulations. 7. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY 7.1 No Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, you are solely responsible for determining and verifying that the SOFTWARE that you obtain and install is the appropriate version for your model of graphics controller board, operating system, and computer hardware. 7.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT SHALL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS (USD$1000). 8. MISCELLANEOUS If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of NVIDIA. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Industry and Security or any export laws, restrictions or regulations. ------------------------------------------------------------- Customer's Use of Microsoft Redistributable Packages is subject to the following terms and conditions: ---------------------------------- MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT DIRECTX END USER RUNTIME ---------------------------------- These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft * updates, * supplements, * Internet-based services, and * support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices. 2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not * work around any technical limitations in the software; * reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; * make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; * publish the software for others to copy; * rent, lease or lend the software; * transfer the software or this agreement to any third party; or * use the software for commercial software hosting services. 3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it. 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 8. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to * anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and * claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. ------------------------------------------------ MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT DIRECTX SOFTWARE DEVELOPMENT KIT (SDK) ------------------------------------------------ These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS. a. Installation and Use. You may install and use any number of copies of the software on your devices. b. Included Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of them. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Media Elements and Templates. You may copy and use images, clip art, animations, sounds, music, shapes, video clips and templates provided with the software and identified for such use in documents and projects that you create. You may distribute those documents and projects non-commercially. If you wish to use these media elements or templates for any other purpose, go to www.microsoft.com/permission to learn whether that use is allowed. b. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” • DIRECTX REDIST.TXT Files. You may copy and distribute the object code form of code listed in DIRECTX REDIST.TXT files. • Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample”, as well as those marked as follows: \Utilities\bin\x86\dxerr \Utilities\bin\x64\dxerr \Utilities\bin\x86\dxtex \Utilities\bin\x64\dxtex \Utilities\bin\x86\DxViewer \Utilities\bin\x64\DxViewer \Utilities\bin\x86\GDFTrace \Utilities\bin\x64\GDFTrace \Utilities\bin\x86\MeshConvert \Utilities\bin\x64\MeshConvert \Utilities\Source\Sas \Utilities\Source\Effects11 • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • distribute Distributable Code to run on a platform other than the Windows, Xbox and Windows Mobile platforms; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. 3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval; • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; or • use the software for commercial software hosting services. 4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 9. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne : • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas. ---------------------------------- MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT WINDOWS KITS ---------------------------------- Below are separate sets of License Terms. Only one set applies to you. To determine which License Terms apply to you scroll to the kit name you are attempting to download. The License Terms are listed in the following order Microsoft Windows Assessment and Deployment Kit for Windows 8.1 Microsoft Windows Driver Kit for Windows 8.1 Microsoft Windows Hardware Certification Kit for Windows 8.1 Microsoft Windows Software Development Kit for Windows 8.1 The License Terms for each individual kit apply to your use of that specific kit. ******************************************************************* MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT WINDOWS ASSESSMENT AND DEPLOYMENT KIT FOR WINDOWS 8.1 These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. If you comply with these license terms, you have the perpetual rights below. 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices solely for the purpose of deploying, maintaining, assessing system quality and evaluating your systems and devices on Windows Server 2008, Windows Server 2008 R2, Windows Server 2012, Windows Server 2012 R2, Windows Vista, Windows 7, Windows 8, or Windows 8.1 operating system software. 2. ADDITIONAL LICENSE RIGHTS. In addition to the rights granted in Section 1, certain portions of the software, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the license restrictions described in this Section 2. a. Windows Pre-Installation Environment. You may install and use the Windows Pre-Installation Environment for purposes of installing and recovering Windows operating system software. For the avoidance of doubt, you may not use the Windows Pre-Installation Environment for any other purpose not expressly permitted in this agreement, including without limitation as a general operating system, as a thin client or as a remote desktop client. b. RegHiveRecovery.sys, ImageX.exe, Wimgapi.dll, Wimmount.sys, Wimserv.exe, DISM.exe, DISMAPI.dll, Microsoft.Dism.Powershell.dll and Package Manager. You may install and use the RegHiveRecovery.sys, ImageX.exe, Wimgapi.dll, Wimmount.sys, Wimserv.exe, DISM.exe, DISMAPI.dll, Microsoft.Dism.Powershell.dll and Package Manager portions of the software for recovering Windows operating system software. For the avoidance of doubt, you may not use these portions of the software for any other purpose not expressly permitted in this agreement, including without limitation for purposes of backing up your Windows operating system. c. Included Microsoft Programs. The software includes SQL Server 2012 Express, which is licensed under the terms and conditions of the SQL Server 2012 Express license located at http://go.microsoft.com/fwlink/?LinkID=237665. You may only use this program in conjunction with the software licensed here. If you do not accept the SQL Server 2012 Express license terms, you may not use this program. 3. ACTIVATION. The software activates the use of Windows Vista, Windows Server 2008, Windows 7, Windows Server 2008 R2, Windows Thin PC, Windows PosReady 7, Windows 8, Windows Server 2012, Windows 8.1, Windows Server 2012 R2, subsequent versions of Windows and subsequent versions of Windows Server, select products that use add-on product keys, or Microsoft Office 2010 and subsequent versions of Microsoft Office with a specific physical hardware system (“Device”). During activation, the software will send information about the Device(s) to Microsoft. This information includes the version, language and product key of the software, the Internet protocol address of the system running the software, and information derived from the hardware configuration of the Device(s) running Windows Vista, Windows Server 2008, Windows 7, Windows Server 2008 R2, Windows Thin PC, Windows PosReady 7, Windows 8, Windows Server 2012, Windows 8.1, Windows Server 2012 R2, or subsequent versions of Windows and subsequent versions of Windows Server. The information sent to Microsoft does not represent any personal information. This information cannot be used to determine the make or model of the device(s) and it cannot be backward calculated to determine any additional information about your device(s). For more information, see go.microsoft.com/fwlink/?linkid=141210. By using the software, you consent to the transmission of this information. 4. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” • Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.” • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; • distribute Distributable Code included in a setup program only as part of that setup program without modification; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • distribute Distributable Code to run on a platform other than the Windows platform; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. 5. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. 6. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. 7. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 8. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • disclose the results of any benchmark tests of the software, other than the Microsoft .NET Framework (see separate term above), to any third party without Microsoft’s prior written approval; • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services. 9. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 10. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 11. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 12. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 13. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 14. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 15. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 16. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights. 17. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. ************************************************************************************* MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT WINDOWS DRIVER KIT FOR WINDOWS 8.1 These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. If you comply with these license terms, you have the perpetual rights below. 1. INSTALLATION AND USE RIGHTS. a. Installation and Use. One user may install and use any number of copies of the software on your devices to design, develop and test your programs. b. Build Server List. The software contains certain components that are identified in the Build Server List located at http://go.microsoft.com/fwlink/?LinkID=317349. You may install copies of the files listed in it, onto your build machines, solely for the purpose of compiling, building, verifying and archiving your programs. These components may only be used in order to create and configure build systems internal to your organization to support your internal build environment. These components do not provide external distribution rights to any of the software or enable you to provide a build environment as a service to third parties. We may add additional files to this list from time to time. c. Drivers for Windows RT 8.1. You may install and use any number of copies of the software on your premises to design, develop and test your “Specified Driver” for use on the Windows RT 8.1 platform. A Specified Driver is the software components that enable a specific set of device drivers to run on the Windows RT 8.1 platform. You may install and use any number of copies of the software on your premises to design, develop and test your “Permitted Tools” for use in hardware or software development to run on the Windows RT 8.1 platform. Permitted Tools are tools used for diagnostics, quality assurance, imaging, updating or installing firmware, and testing and debugging hardware or software. You may not use the software to develop applications, ActiveX controls, system extensions, control panels or any other software intended for or available to end users. c. Included Microsoft Programs. The software contains other Microsoft programs. In some cases, those programs and the license terms that that apply to your use of them are addressed specifically in these license terms. For all other included Microsoft programs, these license terms govern your use. d. Third Party Programs. The software may include third party programs that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” • REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files plus any of the files listed on the REDIST list located at http://go.microsoft.com/fwlink/?LinkId=294840. • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; • distribute Distributable Code included in a setup program only as part of that setup program without modification; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • distribute Distributable Code to run on a platform other than the Windows platform; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. 3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. 4. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. 5. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services. 7. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 8. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 10. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 11. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 12. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 14. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights. 15. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne : • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas. ************************************************************************************* MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT WINDOWS HARDWARE CERTIFICATION KIT FOR WINDOWS 8.1 These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. If you comply with these license terms, you have the perpetual rights below. 1. INSTALLATION AND USE RIGHTS. One user may install and use any number of copies of the software on your devices to design, develop and test your programs, solely to create submissions for the Windows Hardware Certification Program. 2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services. 3. THIRD PARTY NOTICES. This software may include third party code. Microsoft, not the third party, licenses the software to you under the terms set forth in this agreement. Notices, if any, for any third party code are included for your information only. 4. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. 5. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 6. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 7. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 8. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 9. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 10. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 11. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 13. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights. 14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please note: As this software is distributed in Quebec, Canada, these license terms are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne : • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas. ************************************************************************************* MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT WINDOWS SOFTWARE DEVELOPMENT KIT (SDK) FOR WINDOWS 8.1 These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services. If you comply with these license terms, you have the perpetual rights below. 1. INSTALLATION AND USE RIGHTS. a. You may install and use any number of copies of the software on your devices to design, develop and test your programs that run on a Windows operating system. Further, you may install, use and/or deploy via a network management system or as part of a desktop image, any number of copies of the software on computer devices within your internal corporate network to design, develop and test your programs that run on a Windows operating system. Each copy must be complete, including all copyright and trademark notices. You must require end users to agree to terms that protect the software as much as these license terms. b. Utilities. The software contains certain components that are identified in the Utilities List located at go.microsoft.com/fwlink/?LinkId=294837. Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List. Except as otherwise provided on the Utilities List for specific files, you may copy and install the Utilities you receive with the software on to other third party machines. These Utilities may only be used to debug and deploy your programs and databases you have developed with the software. You must delete all the Utilities installed onto a third party machine within the earlier of (i) when you have finished debugging or deploying your programs; or (ii) thirty (30) days after installation of the Utilities onto that machine. We may add additional files to this list from time to time. c. Build Server List. The software contains certain components that are identified in the Build Server List located at go.microsoft.com/fwlink/?LinkId=294839. You may install copies of the files listed in it, onto your build machines, solely for the purpose of compiling, building, verifying and archiving your programs. These components may only be used in order to create and configure build systems internal to your organization to support your internal build environment. These components do not provide external distribution rights to any of the software or enable you to provide a build environment as a service to third parties. We may add additional files to this list from time to time. d. Included Microsoft Programs. The software contains other Microsoft programs. Unless otherwise indicated in this agreement, these license terms apply to your use of those programs. e. Third Party Notices. The software may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Notices, if any, for this third party code are included with the software and may be found in the ThirdPartyNotices.txt file located at go.microsoft.com/fwlink/?LinkId=294838. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” • REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files plus the files listed on the REDIST.TXT list located at go.microsoft.com/fwlink/?LinkId=294840. Depending on the specific edition of the software, the number of REDIST files you receive with the software may not be equal to the number of REDIST files listed in the REDIST.TXT List. We may add additional files to this list from time to time. • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; • distribute Distributable Code included in a setup program only as part of that setup program without modification; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • for Distributable Code from the Windows Performance Toolkit portions of the software, distribute the unmodified software package as a whole with your programs, with the exception of the KernelTraceControl.dll and the WindowsPerformanceRecorderControl.dll which can be distributed with your programs; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • distribute partial copies of the Windows Performance Toolkit portion of the software package with the exception of the KernelTraceControl.dll and the WindowsPerformanceRecorderControl.dll which can be distributed with your programs; • distribute Distributable Code to run on a platform other than the Windows platform; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. b. Windows Store. If you distribute your programs through the Windows Store you understand and agree such distribution is subject to the Windows Store developer terms and terms of use. 3. WINDOWS APPLICATION CERTIFICATION KIT. You may use the Windows Application Certification Kit solely to test your programs before you submit them for a potential Microsoft Windows Certification and for inclusion on the Microsoft Windows Store. The results you receive are for informational purposes only. Microsoft has no obligation to either (i) provide you with a Windows Certification for your programs and/or (ii) include your program on the Microsoft Windows Store. 4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. a. Consent for Internet-Based Services. The software features described below and in the privacy statement at go.microsoft.com/fwlink/?LinkID=294841 connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you. i. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser, and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you. • Error Reports. This software automatically sends error reports to Microsoft. These reports include information about problems that occur in the software. Sometimes reports contain information about other programs that interact with the software. Reports might unintentionally contain personal information. For example, a report that contains a snapshot of computer memory might include your name. Part of a document you were working on could be included as well. Microsoft does not use this information to identify or contact you. To learn more about error reports, see http://oca.microsoft.com/en/dcp20.asp. • Windows Application Certification Kit. To ensure you have the latest certification tests, when the Windows Application Certification Kit software is launched it periodically checks download.microsoft.com to see if an update is available. If an update is found for the data files, it is automatically downloaded for use by the kit in certification tests. If an update is found to other parts of the kit, you are provided a link to a website where the update is available for download. ii. Use of Information. We may use the computer information, error reports, and CEIP information, to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software. 5. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. 6. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406 7. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • disclose the results of any benchmark tests of the software, other than the Microsoft .NET Framework (see separate term above), to any third party without Microsoft’s prior written approval; • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services. 8. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 9. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 10. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see microsoft.com/exporting. 11. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 12. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 13. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 14. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 15. DISCLAIMER OF WARRANTY. The software is licensed “as is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights. 16. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne : • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas. *************** EULAID:WINKITS.RTM.6.3.0.0_en-US ----------------------------------------------------------- MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT VISUAL STUDIO PROFESSIONAL 2013 AND TRIAL EDITION ----------------------------------------------------------- These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft · updates, · supplements, · Internet-based services, and · support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm. AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND USE OF INTERNET-BASED SERVICES. OVERVIEW OF TRIAL EDITION. If the software is a trial edition, then this Section applies to your use of the trial edition. A. INSTALLATION AND USE OF TRIAL EDITION. You may install and use any number of copies of the trial edition on your devices. You may only use the trial edition for internal evaluation purposes during the trial period. You may not deploy any applications to a production environment. You may run load tests of up to 250 virtual users during the trial period. B. TRIAL PERIOD AND CONVERSION. The length of the trial period is thirty (30) days. After the expiration of the trial period the trial edition will stop running. You will receive periodic warnings that the trial period is about to expire. You may extend the trial period an additional sixty (60) days by registering. You may not be able to access data used with the trial edition when it stops running. You may convert your trial rights at any time to the full-use rights described below by acquiring a valid full-use license. C. Sections 1–3(d), 4,10-14, 18, 19, 21, 22 and the Limited Warranty in the full-use license section of this agreement below do not apply to the trial edition. The following sections D-F below apply to the trial edition. D. Disclaimer of Warranty. The TRIAL EDITION is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights. E. Because the trial edition is “as is,” we may not provide support services for it. F. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to · anything related to the trial edition, services, content (including code) on third party Internet sites, or third party programs; and · claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. TERMS FOR FULL-USE LICENSE FOR THE SOFTWARE: When you acquire the full-use license of the software named above, all of the license terms below apply. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE. 1. OVERVIEW. a. Software. The software includes development tools, software programs and documentation. b. License Model. The software is licensed on a per user basis. 2. INSTALLATION AND USE RIGHTS. a. General. One user may install and use copies of the software to design, develop, test and demonstrate your programs. You may not use the software on a server in a production environment. b. Product Keys and Access Credentials. The software allows you to access services and features using your Microsoft account or other supported login credentials. You are responsible for the use of product keys assigned to you and access to services and features using your login credentials. You may not share the product keys or login credentials with other individuals. 3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices except as otherwise stated in this agreement. b. Utilities. The software contains certain components that are identified in the Utilities List located at http://go.microsoft.com/fwlink/?LinkId=313603. Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List. You may copy and install the Utilities you receive with the software on to other third party machines. These Utilities may only be used to debug and deploy your programs and databases you have developed with the software. You must delete all the Utilities installed onto such other machines within the earlier of (i) when you have finished debugging or deploying your programs; or (ii) thirty (30) days after installation of the Utilities on those machines. c. Build Server. The software contains certain components that are identified in the Build Server List located at http://go.microsoft.com/fwlink/?LinkId=313603. You may install copies of the files listed in it, onto your build machines. You and others in your organization may use these files on your build machines solely for the purpose of compiling, building, verifying and archiving your programs or to run quality or performance tests as part of the build process on your build machines. d. Font Components. While the software is running, you may use its fonts to display and print content. You may only · embed fonts in content as permitted by the embedding restrictions in the fonts; and · temporarily download them to a printer or other output device to help print content. e. Included Microsoft Programs. These license terms apply to all Microsoft programs included with the software, except as otherwise noted in this agreement or in the ThirdPartyNotices file accompanying the software. f. Third Party Notices. Additional copyright notices and license terms applicable to portions of the software are set forth in the ThirdPartyNotices file accompanying the Microsoft software. In addition to any terms and conditions of any third party license identified in the ThirdPartyNotices file, the disclaimer of warranty and limitation on and exclusion of remedies and damages provisions of this agreement shall apply to all software in this distribution. 4. DISTRIBUTABLE CODE. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. (For this Section the term “distribution” also means deployment of your programs for third parties to access over the Internet.) a. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” · REDIST.TXT Files. You may copy and distribute the object code form of code listed on the REDIST list located at http://go.microsoft.com/fwlink/?LinkId=313603. · Sample Code. You may copy, modify and distribute the source and object code form of code marked as “sample.” · Image Library. You may copy and distribute images and animations in the Image Library as described in the software documentation. You may also modify that content. If you modify the content, it must be for use that is consistent with the permitted use of the unmodified content. · Blend Site Templates for Visual Studio. The software contains code marked as “site templates” that you are permitted to use along with your content. You may copy, modify, and distribute the source and object code form of these site templates. · Blend Fonts for Visual Studio. You may distribute unmodified copies of the Buxton Sketch font, SketchFlow Print font and SegoeMarker font. · Blend Styles for Visual Studio. You may copy, modify and distribute the object code form of code identified as “Sketch” or “Simple” Styles. · Silverlight 5 SDK Libraries. You may copy and distribute the object code form of code marked as “Silverlight Libraries”, “Client Libraries”, and “Server Libraries.” · ASP.NET and Web Tooling Extensions .js Files. You may copy, modify and distribute any .js files contained in the ASP.NET Model View Controller, ASP.NET Web Pages or in the Web Tooling Extensions project templates and NuGet packages as part of your ASP.NET programs. · Visual Studio LightSwitch Project Templates. You may modify, copy, and distribute the .js files contained in the Visual Studio LightSwitch project templates as part of your LightSwitch programs. · Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. b. Distribution Requirements. For any Distributable Code you distribute, you must: · add significant primary functionality to it in your programs; · for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; · distribute Distributable Code included in a setup program only as part of that setup program without modification; · require distributors and external end users to agree to terms that protect the Distributable Code at least as much as this agreement; · display your valid copyright notice on your programs; and · indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. c. Distribution Restrictions. You may not: · alter any copyright, trademark or patent notice in the Distributable Code; · use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; · distribute Distributable Code to run on a platform other than Microsoft operating systems, run-time technologies, or application platforms, except that JavaScript, CSS and HTML files included for use in websites and web applications (as opposed to Windows Library for JavaScript files covered in Section 4.d below) may be distributed to run on any platform; · include Distributable Code in malicious, deceptive or unlawful programs; or · modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that § the code be disclosed or distributed in source code form; or § others have the right to modify it. d. Windows Library for JavaScript. The software includes Windows Library for JavaScript. In addition to the other provisions of this Distributable Code section, the following also applies to your programs that work in conjunction with Windows Library for JavaScript. The Windows Library for JavaScript files help your programs implement the Windows design template and UI look and feel. You may copy, use and distribute these files, without modification, in programs you develop for your internal use or in programs that you develop and distribute to third parties. You may distribute programs containing the Windows Library for JavaScript files only through the Windows Store and not by any other means. e. Additional Licensing Requirements and/or Distribution Rights for Features Made Available with the Software: · Bing Maps. The software may include features that retrieve content such as maps, images and other data through the Bing Maps (or successor branded) application programming interface (the “Bing Maps API”) to create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use these features to create and view dynamic or static documents only in conjunction with and through methods and means of access integrated in the software. You may not otherwise copy, store, archive, or create a database of the content available through the Bing Maps API. You may not use the Bing Maps API to provide sensor based guidance/routing, nor use any Road Traffic Data or Bird’s Eye Imagery (or associated metadata) even if available through the Bing Maps API for any purpose. · Additional Mapping APIs. The software may include application programming interfaces that provide maps and other related mapping features and services that are not provided by Bing (the “Additional Mapping APIs”). These Additional Mapping APIs are subject to additional terms and conditions and may require payment of fees to Microsoft and/or third party providers based on the use or volume of use of such Additional Mapping APIs. These terms and conditions will be provided when you obtain any necessary license keys to use such Additional Mapping APIs or when you review or receive documentation related to the use of such Additional Mapping APIs. · Windows.Phone.Speech namespace API. Using speech recognition functionality via the Windows.Phone.Speech namespace APIs in a program requires the support of a speech recognition service. The service may require network connectivity at the time of recognition (e.g., when using a predefined grammar). In addition, the service may also collect speech-related data in order to provide and improve the service. The speech-related data may include, for example, information related to grammar size and string phrases in a grammar. Also, in order for a user to use speech recognition on the phone they must first accept certain terms of use. The terms of use notify the user that data related to their use of the speech recognition service will be collected and used to provide and improve the service. If a user does not accept the terms of use and speech recognition is attempted by the application, the operation will not work and an error will be returned to the application. · Location Framework. The software may contain a location framework component that enables support of location services in programs. In addition to the other limitations in this agreement, you must comply with all applicable local laws and regulations when using the location framework component or the rest of the software. · Device ID Access. The software may contain a component that enables programs to access the device ID of the device that is running the program. In addition to the other limitations in this agreement, you must comply with all applicable local laws and regulations when using the device ID access component or the rest of the software. · PlayReady Support. The software includes the Windows Phone Emulator, which contains Microsoft’s PlayReady content access technology. Content owners use Microsoft PlayReady content access technology to help protect their intellectual property, including copyrighted content. This software uses PlayReady technology to access PlayReady-protected content and/or Microsoft Digital Rights Management (DRM) protected content. Microsoft may decide to revoke the software’s ability to consume PlayReady-protected content for reasons including but not limited to (i) if a breach or potential breach of PlayReady technology occurs, (ii) proactive robustness enhancement, and (iii) if content owners require the revocation because the software fails to properly enforce restrictions on content usage. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade and may not be able to install other operating system updates or upgrades. · Microsoft Advertising SDK. If you pass precise location data or other user related data (e.g., user identifier, profile data, behaviorally tracked user data) to the Microsoft Advertising SDK for Windows Phone, then your program must (a) notify end users that it will be collecting and using user related information and providing this information to Microsoft for Microsoft’s advertising use, and (b) explicitly obtain affirmative user consent (e.g. the user must click an “Accept” or continue “Install” button) for this upon download of the software and/or application. In addition, you agree to: (a) comply with certification and other requirements for Windows Phone; (b) comply with Microsoft’s privacy and other policies in your collection and use of any user data; (c) not collect or use any user identifier created or provided to you by Microsoft for any purpose other than passing such identifier to a Microsoft advertising service as part of your use of the service; and (d) provide in your privacy policy and/or terms of use a link that provides users with the ability to opt out of Microsoft interest based advertising at the following location https://choice.live.com/AdvertisementChoice/. 5. DATA. a. Consent for Internet-Based Services. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. The software features described below and in the Visual Studio 2013 privacy statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. For more information about these features, see http://go.microsoft.com/fwlink/?LinkId=286720 . BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you. · Extensions and Updates; and New Project Dialog. Extensions and Updates; and New Project Dialog can retrieve other software through the Internet from Visual Studio Gallery, Microsoft Download Center and MSDN Samples websites. To provide this other software, Extensions and Updates; and New Project Dialog send to Microsoft the name and version of the software you are using and language code of the device where you installed the software. In addition, Extensions and Updates contains an automatic update feature that is on by default. § For more information about this feature, including instructions for to turning it off, see http://go.microsoft.com/fwlink/?LinkId=286720 . You may turn off this automatic update feature while the software is running (“opt out”). Unless you expressly opt out of this feature, the feature will (a) connect to Microsoft or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems standard computer information, such as your computer’s Internet protocol address, operating system, the name and version of the software you are using and language code of the device where you installed the software, and (c) prompt you to download and/or install, current updates to the software or other third party software. In some cases, you will not receive a separate notice before this feature takes effect. By installing the software, you consent to the transmission of standard computer information. · Notification Tool Window. The software includes a notification tool window. When connected to the Internet, technologies that use the notification tool window may provide information related to extensions and other software or services that you have installed or opted into and display those updates to you. For more information please see the privacy statement http://go.microsoft.com/fwlink/?LinkId=286720 . · Really Simple Syndication (“RSS”) Feed. This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft. · Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software. Examples of these features are clip art, templates, online training, online assistance, help, and Appshelp. You may choose not to use these web content features. · Package Manager Features. For more information about these features, see the privacy statement available at go.microsoft.com/fwlink/?LinkId=205205. With respect to these package manager features, Microsoft or the third party service provider may use the computer information obtained through your use of these features, to improve its software and services. Microsoft or such third party may also share this information with others, such as hardware and software vendors that may use the information to improve how their products run with Microsoft software. § Open Data Protocol (OData) Service. The Microsoft NuGet-Based Package Manager and the package manager feature of Microsoft ASP.NET Web Pages will access a list of packages made available by Microsoft and third party service providers that is accessed by means of an OData service online located at go.microsoft.com/fwlink/?LinkID=206669. You may change the feed URL that the package manager feature initially points to at any time at your discretion. · Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means. b. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you. · Visual Studio Experience Improvement Program. This software uses the Visual Studio Experience Improvement Program (“VSEIP”) which is on by default. VSEIP helps Microsoft collect information about problems that you have while using the software. Microsoft also uses VSEIP Information to improve its software and services. Microsoft may also share VSEIP data with others, such as agents acting on Microsoft’s behalf and hardware and software vendors to improve how their products run with Microsoft software. To learn more about VSEIP, including how you can opt out, see go.microsoft.com/fwlink/?LinkId=286720 . · Data Collected Automatically. Microsoft automatically collects information identifying your installed Microsoft product, the operating system of the device, the CPU architecture of the operating system and data regarding the success or failure of the installation of the software, data identifying the cause of a crash in the product and information about the product license which is in use. Microsoft does not use this information to identify or contact you. For more information about privacy, see http://go.microsoft.com/fwlink/?LinkId=286720 . c. Microsoft Accounts in Visual Studio. If you are running the software on Windows 8, Windows 7 with sign-in assistant, or any other version of Windows that supports providing a Microsoft account directly to the software and you are signed into a Microsoft account in those versions of Windows, you may automatically be signed into the software and Visual Studio services accessed by the software using the same Microsoft account. This allows you to access services within the software and roam the software’s settings without being asked to reenter your Microsoft account credentials each time you start the software. For more information about signing into the software and the services available therein with a Microsoft account, see the privacy statement http://go.microsoft.com/fwlink/?LinkId=286720 . d. Use of Information. Microsoft may use the computer and services information to improve its software and services. Microsoft may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software. 6. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 7. OTHER INCLUDED MICROSOFT SOFTWARE COMPONENTS: · Microsoft SQL Server, Microsoft SharePoint, Windows Software Development Kit (Windows SDK) and Components of Microsoft Office. The software is accompanied by Microsoft SQL Server software, Microsoft SharePoint software, including SharePoint Windows Identity Foundation Extensions, Windows SDKs and certain components of Microsoft Office software, which are all licensed to you under their own terms. The license terms for these software components are located in the “Licenses” folder of the software installation directory. If you do not agree to the license terms for these software components, you may not use them. · Windows Components. The software includes Microsoft .NET Framework software, certain .dll’s related to Microsoft Build technologies, Windows Identity Foundation, Windows Web Services (WWS) for Windows 2008 and Windows Library for JavaScript components. These software components are part of Windows and are licensed to you under separate Windows license terms or as a supplement to a Windows license. The product lifecycle support and license terms for the applicable Windows product apply to your use of these Windows components. · Microsoft Components Provided for Use with the Software. The software includes compilers, languages, runtimes, environments, and other resources that enable development for many Microsoft platforms. As a convenience to our Visual Studio customers, the software may install certain Microsoft SDKs and other Microsoft components that target and support those platforms. These components may be licensed and supported under their own terms and policies. The license terms for these software components are located in the “Licenses” folder of the software installation directory. If you do not agree to the license terms for these software components, you may not use them. 8. PACKAGE MANAGER AND THIRD PARTY SOFTWARE INSTALLATION FEATURES. The software includes the following features (each a “Feature”), each of which enables you to obtain software applications or packages through the Internet from other sources: Extension Manager, New Project Dialog, Web Platform Installer, Microsoft NuGet-Based Package Manager, and the package manager feature of Microsoft ASP.NET Web Pages. Those software applications and packages available through the Features are offered and distributed in some cases by third parties and in some cases by Microsoft, but each such application or package is licensed to you under its own terms. Microsoft is not distributing or licensing any of the third-party applications or packages to you, but instead, as a convenience, enables you to use the Features to access or obtain those applications or packages directly from the third-party application or package providers. By using the Features, you acknowledge and agree that: · you are obtaining the applications or packages from such third parties and under separate license terms applicable to each application or package (including, with respect to the package-manager Features, any terms applicable to software dependencies that may be included in the package). · Microsoft makes no representations, warranties or guarantees as to the feed or gallery URL, any feeds or galleries from such URL, the information contained therein, or any software applications or packages referenced in or accessed by you through such feeds or galleries. Microsoft grants you no license rights for third-party software applications or packages that are obtained using the Features. 9. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not · disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval, however, this does not apply to the Microsoft .NET Framework (see Section 6); · work around any technical limitations in the software; · reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and solely to the extent: (i) permitted by applicable law, despite this limitation; or (ii) required to debug changes to any libraries licensed under the GNU Lesser General Public License which are included with and linked to by the software; · remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Microsoft or its suppliers that are included in the software, including any content made available to you through the software; · share or otherwise distribute documents, text or images created using the software Data Mapping Services features; · make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; · publish the software, including any application programming interfaces included in the software, for others to copy; · use the software in any way that is against the law; · rent, lease or lend the software; or · use the software for commercial software hosting services. 10. BACKUP COPY. a. Media. If you acquired the software on a disc or other media, you may make one backup copy of the media. You may use it only to reinstall the software on your devices. b. Electronic Download. If you acquired and downloaded the software online, you may make one copy of the software on a disc or other media in order to install the software on your devices. You may also use it to reinstall the software on your devices. 11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 12. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.” 13. DOWNGRADE. You may install and use this version and an earlier version of the software at the same time. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Microsoft is not obligated to supply earlier versions to you. You are not entitled to use the earlier version if you have acquired a non-perpetual license or if your license is Not for Resale. 14. PROOF OF LICENSE. If you acquired the software on a disc or other media, your proof of license is the genuine Microsoft certificate of authenticity label with the accompanying genuine product key and your proof of purchase. If you purchased and downloaded the software online, your proof of license is the genuine Microsoft product key for the software which you received with your purchase and your proof of purchase from an authorized electronic supplier of genuine Microsoft software. Proof of purchase may be subject to verification by your merchant’s records. To identify genuine Microsoft software, see www.howtotell.com. 15. TRANSFER TO A THIRD PARTY. The first licensee of the software may transfer it and this license agreement directly to another party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software, genuine Microsoft product key, and (if applicable) the Proof of License label. The first licensee must uninstall all copies of the software before transferring it separately from the device. The first licensee may not retain any copies of the genuine Microsoft product key to be transferred, and may only retain copies of the software if otherwise licensed to do so. If you have acquired a non-perpetual license to use the software or if the software is marked Not for Resale you may not transfer the software or the software license agreement to another party. 16. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. This software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE H.264/AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM. For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the decoding technology to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties. 17. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting . 18. SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx . 19. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 20. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 21. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 22. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to · anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and · claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if · repair, replacement or a refund for the software does not fully compensate you for any losses; or · Microsoft knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. ************************************************************************ LIMITED WARRANTY A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software. References to “limited warranty” are references to the express warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under local Consumer Law. B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts. C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control. D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY. E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE. F. WARRANTY PROCEDURES. You need proof of purchase for warranty service. 1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at · (800) MICROSOFT; · Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or · visit www.microsoft.com/info/nareturns.htm. 2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either · Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or · the Microsoft affiliate serving your country (see www.microsoft.com/worldwide). 3. Australia. If you acquired the software in Australia, contact Microsoft to make a claim at · 13 20 58; or · Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113, Australia. 4. Outside United States, Canada, Europe, Middle East, Africa and Australia. If you acquired the software outside the United States, Canada, Europe, the Middle East, Africa and Australia, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide). G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws. FOR AUSTRALIA ONLY. In this paragraph, “goods” refers to the software for which Microsoft provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods. H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY. EULAID: VS2013_RTM_PRO.1_ENU ----------------------------------------------------------------------------------------- MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS .NET FRAMEWORK 4.5 FOR MICROSOFT WINDOWS OPERATING SYSTEM AND ASSOCIATED LANGUAGE PACKS ----------------------------------------------------------------------------------------- Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows operating system software (the “software”), you may use this supplement. You may not use it if you do not have a license for the software. You may use this supplement with each validly licensed copy of the software. The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of the supplement. If there is a conflict, these supplemental license terms apply. By using this supplement, you accept these terms. If you do not accept them, do not use this supplement. If you comply with these license terms, you have the rights below. 1. DISTRIBUTABLE CODE. The supplement is comprised of Distributable Code. “Distributable Code” is code that you are permitted to distribute in programs you develop if you comply with the terms below. a. Right to Use and Distribute. · You may copy and distribute the object code form of the supplement. · Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. b. Distribution Requirements. For any Distributable Code you distribute, you must · add significant primary functionality to it in your programs; · for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; · distribute Distributable Code included in a setup program only as part of that setup program without modification; · require distributors and external end users to agree to terms that protect it at least as much as this agreement; · display your valid copyright notice on your programs; and · indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. c. Distribution Restrictions. You may not · alter any copyright, trademark or patent notice in the Distributable Code; · use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; · distribute Distributable Code to run on a platform other than the Windows platform; · include Distributable Code in malicious, deceptive or unlawful programs; or · modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that · the code be disclosed or distributed in source code form; or · others have the right to modify it. 2. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this software as described at www.support.microsoft.com/common/international.aspx. 3. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (.NET Components). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Version 2 Android SDK Terms and Conditions This is the Android Software Development Kit License Agreement 1. Introduction 1.1 The Android Software Development Kit (referred to in the License Agreement as the "SDK" and specifically including the Android system files, packaged APIs, and Google APIs add-ons) is licensed to you subject to the terms of the License Agreement. The License Agreement forms a legally binding contract between you and Google in relation to your use of the SDK. 1.2 "Android" means the Android software stack for devices, as made available under the Android Open Source Project, which is located at the following URL: http://source.android.com/, as updated from time to time. 1.3 A "compatible implementation" means any Android device that (i) complies with the Android Compatibility Definition document, which can be found at the Android compatibility website (http://source.android.com/compatibility) and which may be updated from time to time; and (ii) successfully passes the Android Compatibility Test Suite (CTS). 1.4 "Google" means Google LLC, a Delaware corporation with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. 2. Accepting this License Agreement 2.1 In order to use the SDK, you must first agree to the License Agreement. You may not use the SDK if you do not accept the License Agreement. 2.2 By clicking to accept, you hereby agree to the terms of the License Agreement. 2.3 You may not use the SDK and may not accept the License Agreement if you are a person barred from receiving the SDK under the laws of the United States or other countries, including the country in which you are resident or from which you use the SDK. 2.4 If you are agreeing to be bound by the License Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to the License Agreement. If you do not have the requisite authority, you may not accept the License Agreement or use the SDK on behalf of your employer or other entity. 3. SDK License from Google 3.1 Subject to the terms of the License Agreement, Google grants you a limited, worldwide, royalty-free, non-assignable, non-exclusive, and non-sublicensable license to use the SDK solely to develop applications for compatible implementations of Android. 3.2 You may not use this SDK to develop applications for other platforms (including non-compatible implementations of Android) or to develop another SDK. You are of course free to develop applications for other platforms, including non-compatible implementations of Android, provided that this SDK is not used for that purpose. 3.3 You agree that Google or third parties own all legal right, title and interest in and to the SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Google reserves all rights not expressly granted to you. 3.4 You may not use the SDK for any purpose not expressly permitted by the License Agreement. Except to the extent required by applicable third party licenses, you may not copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the SDK or any part of the SDK. 3.5 Use, reproduction and distribution of components of the SDK licensed under an open source software license are governed solely by the terms of that open source software license and not the License Agreement. 3.6 You agree that the form and nature of the SDK that Google provides may change without prior notice to you and that future versions of the SDK may be incompatible with applications developed on previous versions of the SDK. You agree that Google may stop (permanently or temporarily) providing the SDK (or any features within the SDK) to you or to users generally at Google's sole discretion, without prior notice to you. 3.7 Nothing in the License Agreement gives you a right to use any of Google's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. 3.8 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the SDK. 4. Use of the SDK by You 4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under the License Agreement in or to any software applications that you develop using the SDK, including any intellectual property rights that subsist in those applications. 4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) the License Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 4.3 You agree that if you use the SDK to develop applications for general public users, you will protect the privacy and legal rights of those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores personal or sensitive information provided by users, it must do so securely. If the user provides your application with Google Account information, your application may only use that information to access the user's Google Account when, and for the limited purposes for which, the user has given you permission to do so. 4.4 You agree that you will not engage in any activity with the SDK, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Google or any mobile communications carrier. 4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through Android and/or applications for Android, and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so. 4.6 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the License Agreement, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Google or any third party may suffer) of any such breach. 5. Your Developer Credentials 5.1 You agree that you are responsible for maintaining the confidentiality of any developer credentials that may be issued to you by Google or which you may choose yourself and that you will be solely responsible for all applications that are developed under your developer credentials. 6. Privacy and Information 6.1 In order to continually innovate and improve the SDK, Google may collect certain usage statistics from the software including but not limited to a unique identifier, associated IP address, version number of the software, and information on which tools and/or services in the SDK are being used and how they are being used. Before any of this information is collected, the SDK will notify you and seek your consent. If you withhold consent, the information will not be collected. 6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in accordance with Google's Privacy Policy. 7. Third Party Applications 7.1 If you use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, you agree that Google is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that Google is not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources. 7.2 You should be aware the data, content, and resources presented to you through such a third party application may be protected by intellectual property rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners. 7.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, the License Agreement does not affect your legal relationship with these third parties. 8. Using Android APIs 8.1 Google Data APIs 8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be protected by intellectual property rights which are owned by Google or those parties that provide the data (or by other persons or companies on their behalf). Your use of any such API may be subject to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this data (either in whole or in part) unless allowed by the relevant Terms of Service. 8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you shall retrieve data only with the user's explicit consent and only when, and for the limited purposes for which, the user has given you permission to do so. 9. Terminating this License Agreement 9.1 The License Agreement will continue to apply until terminated by either you or Google as set out below. 9.2 If you want to terminate the License Agreement, you may do so by ceasing your use of the SDK and any relevant developer credentials. 9.3 Google may at any time, terminate the License Agreement with you if: (A) you have breached any provision of the License Agreement; or (B) Google is required to do so by law; or (C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated its relationship with Google or ceased to offer certain parts of the SDK to you; or (D) Google decides to no longer provide the SDK or certain parts of the SDK to users in the country in which you are resident or from which you use the service, or the provision of the SDK or certain SDK services to you by Google is, in Google's sole discretion, no longer commercially viable. 9.4 When the License Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst the License Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall continue to apply to such rights, obligations and liabilities indefinitely. 10. DISCLAIMER OF WARRANTIES 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE. 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 11. LIMITATION OF LIABILITY 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 12. Indemnification 12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Google, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with the License Agreement. 13. Changes to the License Agreement 13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. When these changes are made, Google will make a new version of the License Agreement available on the website where the SDK is made available. 14. General Legal Terms 14.1 The License Agreement constitutes the whole legal agreement between you and Google and governs your use of the SDK (excluding any services which Google may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Google in relation to the SDK. 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in the License Agreement (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google's rights and that those rights or remedies will still be available to Google. 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the License Agreement is invalid, then that provision will be removed from the License Agreement without affecting the rest of the License Agreement. The remaining provisions of the License Agreement will continue to be valid and enforceable. 14.4 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to the License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the License Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the License Agreement. 14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. 14.6 The rights granted in the License Agreement may not be assigned or transferred by either you or Google without the prior written approval of the other party. Neither you nor Google shall be permitted to delegate their responsibilities or obligations under the License Agreement without the prior written approval of the other party. 14.7 The License Agreement, and your relationship with Google under the License Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the License Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. December 9, 2016 UNITY ASSET STORE - TERMS OF SERVICE AND RELATED END USER LICENSE AGREEMENT (APPENDIX 1) 1. Background 1.1 The Unity Asset Store (“Unity Asset Store”) is owned and operated by Unity Technologies ApS (company no. 30 71 99 13), Vendersgade 28, DK-1363 Copenhagen, Denmark ("Unity"). Your use of the Unity Asset Store is governed by a legal agreement between you and Unity consisting of these Asset Store Terms of Service ("Terms") which you must accept by checking the box indicating your acceptance of these Terms when you register as a user of the Unity Asset Store. 1.2 In addition any Asset that you acquire from the Unity Asset Store that has been developed by Unity or that has been made available by third-parties ("Providers") that are not affiliated with Unity, will be subject to Unity's standard Unity Asset Store End User License Agreement ("Unity-EULA"), which is Appendix 1 to these Terms and which you must accept as an integrated part of these Terms by checking the box indicating your acceptance of these Terms when you are register as a user of the Unity Asset Store. Certain Assets may be governed by a Provider end user license agreement. 1.3 You may use Unity Asset Store to browse, locate, and download Assets (defined as (i) software or software development kits designed in order to facilitate the development of electronic games and interactive media (ii) content (for example - without limitation - computer graphics, including 3D computer graphics, sounds and music), tutorials and other digital materials created in order to become integrated parts of electronic games). Some of these Assets may be offered by Unity while others may be made available by Providers. You agree that Unity is not responsible for any Asset on the Unity Asset Store that originates from a source other than Unity. Additionally, some Assets may be made available to you at no charge while other Assets may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on the Unity Asset Store. 1.4 In order to use Unity Asset Store you must be 18 years of age or older. On using the service you warrant that you have legal capacity to enter into the agreement. 2. Unity's provision of the Unity Asset Store 2.1 You agree that Unity may stop (permanently or temporarily) providing the Unity Asset Store (or any features within the Unity Asset Store) to you or to users generally at Unity's sole discretion, without prior notice to you. 2.2 Unity may make available to you various payment processing methods to facilitate the purchase of Assets from the Unity Asset Store. You agree to abide by any relevant terms of service or other legal agreement, whether with Unity or a third party, that governs your use of a given payment processing method. You agree that Unity reserves the right to add or remove payment processing methods at its sole discretion and without notice to you. 2.3 From time to time, Unity may discover an Asset on the Unity Asset Store that violates the Asset Store Provider Agreement between a Provider and Unity or other legal agreements, laws, regulations or policies. You agree that in such an instance Unity retains the right at its sole discretion to demand that such Asset is removed from any computer or other equipment under your control and you agree to promptly comply with such demand. 3. Your Use of the Unity Asset Store 3.1 In order to access certain services in the Unity Asset Store, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to Unity will always be accurate, correct and up to date. 3.2 You agree to use the Unity Asset Store only for purposes that are permitted by (a) the Terms and Asset Store Guidelines and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Assets. 3.3 You agree not to access (or attempt to access) the Unity Asset Store by any means other than through the interface that is provided by Unity, unless you have been specifically allowed to do so in a separate agreement with Unity. You specifically agree not to access (or attempt to access) the Unity Asset Store through any automated means (including use of scripts, crawlers or similar technologies from time to time). 3.4 You agree that you will not engage in any activity that interferes with or disrupts the Unity Asset Store (or the servers, payment systems or networks which are connected to the Unity Asset Store). You agree that you will not use any of the Assets found on the Unity Asset Store in a way that interferes or disrupts any servers, payment systems, networks, or websites operated by Unity or any third party. 3.5 Unless you have been specifically permitted to do so in a separate agreement with Unity and except as permitted under the Unity-EULA, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any Asset that you have acquired from the Unity Asset Store for any purpose. 3.6 You agree that you are solely responsible for (and that Unity has no responsibility to you or to any third party for) your use of the Unity Asset Store or any Assets, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which Unity may suffer) of any such breach. 3.7 You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Unity Asset Store or the purchase of Assets through the Unity Asset Store, and that the reporting and payment of any such applicable taxes are your responsibility. 3.8 You agree that Unity and/or third parties own all right, title and interest in and to the Unity Asset Store and the Assets available through the Unity Asset Store, including without limitation all applicable Intellectual Property Rights in the Unity Asset Store and Assets. "Intellectual Property Rights" means any and all intellectual property rights wherever in the world and whenever arising (and including any application), including patent laws, copyright, trade secrets, know-how, confidential information, business names and domain names, computer programs, trademark laws, service marks, trade names, utility models, design rights, semi-conductor topography rights, database rights, goodwill or rights to sue for passing off, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Unity Asset Store or the Assets, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Unity Asset Store or Assets, (iii) use the Unity Asset Store or Assets to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Unity's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Unity Asset Store or Assets. 3.9 While Unity does not undertake any legal obligation to monitor, pre-screen, review, flag, filter, modify, refuse or remove any or all Assets or their content from the Unity Asset Store, Unity reserves the right to do so, and if Unity is notified by Provider or otherwise becomes aware and determines in its sole discretion that an Asset or any portion thereof; (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates Unity's hosting policies or other terms of service as may be updated by Unity from time to time in its sole discretion; (d) is being distributed by Provider improperly; (e) may create liability for Unity; (f) is deemed by Unity to have a virus or is deemed to be malware, spyware or have an adverse impact on Unity; (g) violates the terms of this Agreement; or (h) the display of the Asset is impacting the integrity of Unity servers (i.e., Customers are unable to access such content or otherwise experience difficulty), Unity may demand that Provider fixes the Asset. In addition Unity shall itself be entitled to edit and make changes in the Asset. Finally Unity shall be entitled to remove the Asset from the Unity Asset Store immediately, or reclassify the Asset at its sole discretion. Unity reserves the right to suspend and/or bar any Provider from the Unity Asset Store at its sole discretion. Irrespective of the above, you agree that by using the Unity Asset Store you may be exposed to Assets that you may find offensive, indecent or objectionable and that you use the Unity Asset Store at your own risk. 4. Unity Services and Third Party Assets and Services 4.1 Some components of Assets (whether developed by Unity or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the Terms, the applicable EULA and any such licenses, the open source software licenses shall prevail with respect to those components. 5. Automatic Updates Assets originating from Unity and Providers may communicate with Unity servers or Providers' servers as the case may be from time to time to check for available updates to the Asset Store and the Assets, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing these Assets, you agree to such automatically requested and received Updates. The Asset Store may make connections to remote servers to provide Unity with anonymous usage statistics collected by Google Analytics that Unity uses to improve the Asset Store. The Asset Store may also have features that confirm your compliance with the terms of this Agreement. 6. Indemnifications 6.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Unity, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Unity Asset Store, including your downloading, installation, or use of any Assets, or your violation of these Terms. 7. Termination 7.1 These Terms will continue to apply until terminated by either you or Unity as set out below. 7.2 If you want to terminate these Terms, you may do so by ceasing your use of the Unity Asset Store and any Assets downloaded from the Unity Asset Store. 7.3 Unity may at any time, terminate these Terms with you if: (A) you have breached any provision of these Terms; or (B) Unity is required to do so by law; or (C) Unity decides to no longer provide the Unity Asset Store. 7.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Unity have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 11.7 shall continue to apply to such rights, obligations and liabilities indefinitely. 8. Disclaimer of Warranties 8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ASSET STORE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UNITY ASSET STORE IS AT YOUR SOLE RISK AND THAT THE UNITY ASSET STORE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, UNITY, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE ASSETS WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE ASSETS WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE ASSETS WILL BE CORRECTED. 8.2 YOUR USE OF THE UNITY ASSET STORE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UNITY ASSET STORE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 8.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNITY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE UNITY ASSET STORE AS WELL AS THE UNITY ASSET STORE ITSELF. 8.4 NONE OF THE ASSETS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 9. Limitation of Liability 9.1 UNITY AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO UNITY BY YOU IN THE PAST SIX MONTHS FOR THE ASSETS RELATING TO THE DISPUTE. IN NO EVENT WILL UNITY OR ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE ASSET STORE OR ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED FROM THE UNITY ASSET STORE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT UNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNITY, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON THE UNITY ASSET STORE; (II) ANY CHANGES WHICH UNITY MAY MAKE TO THE ASSETS OR ON THE UNITY ASSET STORE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE UNITY ASSET STORE OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE UNITY ASSET STORE OR THE ASSETS; (III) YOUR FAILURE TO PROVIDE UNITY WITH ACCURATE ACCOUNT INFORMATION; 9.3 NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR UNITY, ITS SUBSIDIARIES OR AFFILIATES FOR: (I) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW. 10. Change of Terms 10.1 Unity may add or make changes to the Terms from time to time. When these changes are made, Unity will make a new copy of the Terms available at the Unity Asset Store. 10.2 You understand and agree that if you use the Unity Asset Store and the Assets after the date on which the Terms have changed Unity will treat your use as acceptance of the updated Terms. 11. General Legal Terms 11.1 These Terms constitutes the whole legal agreement between you and Unity and govern your use of the Unity Asset Store and the Assets, and completely replace any prior agreements between you and Unity in relation to the Unity Asset Store and the Assets. Each party confirms that, in entering into the Terms it has not relied upon any representations or statements not expressly incorporated herein. Notwithstanding anything else in the Terms, neither party limits or excludes liability for fraudulent misrepresentation. 11.2 You agree that if Unity does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Unity has the benefit of under any applicable law), this will not be taken to be a formal waiver of Unity's rights and that those rights or remedies will still be available to Unity. 11.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable. 11.4 You acknowledge and agree that each member of the group of companies with which Unity is affiliated shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms. (whether pursuant to the contract, law or otherwise). 11.5 The rights granted in the Terms may not be assigned or transferred by you without the prior written approval of Unity. Nor shall you be permitted to delegate your responsibilities or obligations under these Terms without the prior written approval of Unity. 11.6 The rights granted in the Terms may be assigned or transferred by Unity without your prior written approval. In addition Unity shall be permitted to delegate its responsibilities or obligations under these Terms without your written approval. 11.7 These Terms, and your relationship with Unity under these Terms, shall be governed by the laws of Denmark without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. Notwithstanding this, you agree that Unity shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. APPENDIX 1 ASSET STORE END USER LICENSE AGREEMENT 1. Parties to the Agreement/The Subject Matter of the Agreement: 1.1 This Unity Asset Store End User License Agreement (hereinafter referred to as “EULA”) is a non-exclusive, legally binding end user license agreement between any individual or a single entity (“END-USER”) that acquires an Asset from the Unity Asset Store and either (i) Unity Technologies ApS (company no. 30 71 99 13), Vendersgade 28, DK-1363 Copenhagen, Denmark (“Licensor” or "Unity"), or as the case may be (ii) any third party (“Provider”) that distributes its Assets from the Unity Asset Store. Consequently, this EULA shall apply regardless of whether a purchased Asset is produced by Unity or by a Provider ("Licensor"). This EULA is therefore a non-exclusive, legally binding end user license agreement as the case may be between either (i) Unity and END-User (in which case the term "Licensor" shall refer to Unity), or (ii) Provider and End User (in which case the term "Licensor" shall refer to Provider). 1.2 By installing, copying, accessing, downloading or otherwise using the Assets, End User agrees to be bound the provisions of this EULA. All definitions of the Terms shall also apply in this EULA unless the context clearly provides for a different understanding. 1.3 The subject matter of this EULA is the licensing to END-USER of any Asset acquired by End User from the Unity Asset Store. The Assets are licensed, not sold. 1.4 END USER hereby acknowledges that in the event it acquires an ASSET which in the Unity Asset Store is marked as an Asset which is distributed by Provider (as opposed to Unity), then Provider shall be considered as Licensor of such Asset and, consequently, only Provider (as opposed to Unity) shall be responsible for any liability whatsoever under, any EULA or any breach by Provider, including (without limitation) liability for infringement of any intellectual property rights, irrespective of the fact that payment takes place to Unity. 2. END-USER's Rights and Obligations 2.1 END-USER may use the licensed Assets only for their intended purpose. 2.2 Licensor grants to the END-USER a non-exclusive, worldwide, and perpetual license to the Asset to integrate Assets only as incorporated and embedded components of electronic games and interactive media and distribute such electronic game and interactive media. Except for game services software development kits (“Services SDKs”), END-USERS may modify Assets. END-USER may otherwise not reproduce, distribute, sublicense, rent, lease or lend the Assets. It is emphasized that the END-USERS shall not be entitled to distribute or transfer in any way (including, without, limitation by way of sublicense) the Assets in any other way than as integrated components of electronic games and interactive media. Without limitation of the foregoing it is emphasized that END-USER shall not be entitled to share the costs related to purchasing an Asset and then let any third party that has contributed to such purchase use such Asset (forum pooling). 2.3 EXCEPT FOR EDITOR EXTENSION ASSETS, END-USER is granted a license to install and use Assets on an unlimited number of computers provided that these computers are either all (i) physically located at a single physical location ("Site") belonging to END-USER, or (ii) laptops belonging to END-USER which have been made available by END-USER to its employees that are employed at the same Site provided all such computers have appropriately licensed Unity software installed. Consequently, any Asset may only be used at particular Site or on computers assigned to END-USER's employees employed at the same Site and may only be moved to another Site subject to prior written approval from Licensor. THIS CLAUSE 2.3 DOES NOT APPLY TO ASSETS THAT IN THE UNITY ASSET STORE ARE CATEGORIZED UNDER THE HEADING "EDITOR EXTENSIONS." 2.4 Editor Extensions: END-USER is granted a license to install and use any Assets which are categorized in the Asset Store as "Editor Extensions" only on one (1) computer. For the avoidance of doubt, Editor Extension Assets are licensed on a per computer basis may not be shared or used concurrently on different computers. 2.5 Game Services SDKs: If END-USER downloads and integrates Services SDKs, END-USER may be required to accept a Licensor end user agreement and/or additional Licensor terms and conditions to use such services. 2.6 END-USER shall pay for the license to the Assets in accordance with the payment process provided in the Asset Store. END USER shall provide customary billing and tax information such as name, billing address, credit card information and VAT number (for EU residents). END USER agrees to pay for all purchases hereby authorizes the collection of such amounts including applicable taxes by charging the credit card provided, either directly by Unity or indirectly, via a third party online payment processor. VAT numbers cannot be added or changed after the purchase is completed. If you are directed to a third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's Privacy Policy. Please review such third party's terms and conditions and privacy policy before using the services. All sales are final and there shall be no refunds except as required by law. 2.7 Some components of Assets (whether developed by Unity or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the applicable EULA and any such open source licenses, the open source software licenses shall prevail with respect to those components. 3. Licensor's Rights and Obligations 3.1 Licensor shall render support services to END-USER only in the event a special agreement to this effect has been entered into. 4. Termination 4.1 Without prejudice to any other rights, Licensor may terminate this EULA if END-USER fails to comply with the terms and conditions of this EULA and the Terms. 4.2 END-USER may terminate END-USER's license at any time. 4.3 In the event that Unity at its discretion or as a result of a decision made by any competent court or authority makes a refund to END-USER of the fees paid for any Asset, then this EULA shall terminate for such Asset. 4.4 In the event of termination of this EULA, all license rights granted herein terminate and END-USER shall immediately destroy any and all copies of the Assets contained on any type of media under the control of END-USER and confirm such destruction in writing to LICENSOR. 5. Duplication Rights/Back Up Copy 5.1 END-USER may not make copies of the Assets, except and only to the extent that such activity is expressly permitted under mandatory statutory applicable law. In addition Licensor acknowledges that copies of the Assets may be made when the Assets have been integrated as parts of electronic games and interactive media, cf. Section 2.3 above. 5.2 After installation of one copy of the Asset pursuant to this EULA, END USER may keep the original copy of the Asset solely for back up or archival purposes. 6. Reverse Engineering, Decompilation, and Disassembly 6.1 Except for Services SDKs, END USER may modify assets. END USER shall not reverse engineer, decompile, or disassemble Services SDKs, except and only to the extent that such activity is expressly permitted under mandatory statutory applicable law. 7. Trademarks 7.1 This EULA does not grant END-USER any rights in connection with any trademarks or service marks of Licensor, Provider or Licensor's other suppliers. 8. Upgrades and Support 8.1 Assets identified as upgrades replace and/or supplement the licensed Assets. 8.2 Licensor may at its own discretion from time to time provide upgrades of the Assets to END USER without requesting further payment. Irrespective hereof END-USER is only entitled to licenses to upgrades if END-USER has entered into an Upgrade Agreement with Licensor. END-USER may use the upgraded Assets only in accordance with the terms of this EULA. 8.3 END-USER is only entitled to support if END-USER has entered into a Support Agreement with Licensor. 9. Copyright 9.1 The Assets are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 9.2 All title and intellectual property rights in and to the Assets (including but not limited to any software, images, photographs, animations, graphics, 3D graphics, video, audio, music, text, tutorials, and “applets” incorporated into the Assets), the accompanying printed materials, and any copies of the Assets are owned by Licensor. All rights not expressly granted are reserved by Licensor. 10. Disclaimer of Warranties 10.1 END-USER UNDERSTANDS AND ACCEPTS THAT PRIOR TO PLACING ANY ASSET ON THE UNITY ASSET STORE, UNITY DOES NOT UNDERTAKE ANY LEGAL OBLIGATION TO MONITOR, PRE-SCREEN, REVIEW, FLAG, FILTER, MODIFY, REFUSE OR REMOVE ANY ASSET OR THEIR CONTENT FROM THE UNITY ASSET STORE. CONSEQUENTLY, END-USER EXPRESSLY UNDERSTANDS AND AGREES THAT ITS USE OF THE ASSETS IS AT END-USER'S SOLE RISK AND THAT THE ASSETS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO END-USER THAT: (A) END-USER'S USE OF THE ASSETS WILL MEET END-USER'S REQUIREMENTS, (B) END-USER'S USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY END-USER AS A RESULT OF END-USER'S USE OF THE ASSETS WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO END-USER AS PART OF THE ASSETS WILL BE CORRECTED. 10.2 END-USER'S USE OF ANY ASSETS IS AT END-USER'S OWN DISCRETION AND RISK AND END-USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO END-USER'S COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS. 10.4 NONE OF THE ASSETS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 11. Limitation of Liability 11.1 LICENSOR AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO END-USER FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO END-USER BY END-USER IN THE PAST SIX MONTHS FOR THE ASSETS RELATING TO THE DISPUTE. IN NO EVENT WILL LICENSOR OR ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL BE LIABLE TO END-USER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE ASSET STORE OR ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED FROM THE UNITY ASSET STORE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 11.2 END-USER EXPRESSLY UNDERSTAND AND AGREE THAT LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO END-USER FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY END-USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY END-USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN END-USER AND LICENSOR OR ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON THE UNITY ASSET STORE; (II) ANY CHANGES WHICH LICENSOR MAY MAKE TO THE ASSETS OR ON THE UNITY ASSET STORE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE UNITY ASSET STORE OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH END-USER'S USE OF THE ASSETS; (IV) END-USER'S FAILURE TO PROVIDE UNITY WITH ACCURATE ACCOUNT INFORMATION; 11.3 NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR LICENSOR, ITS SUBSIDIARIES OR AFFILIATES FOR: (I) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW. 12 Export Restrictions 12.1 Assets available on the Unity Asset Store may be subject to laws, administrative regulations and executive orders of those authorities responsible according to any applicable laws relating to the control of imports and exports of the Assets (“Export Laws”). You agree to comply with all applicable Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Assets to any country to which a license is required under the Export Laws without first obtaining a license. 13 Venue and Applicable Law 13.1 This EULA and END-USER's relationship with Licensor under this EULA, shall be governed by the laws of Denmark without regard to its conflict of laws provisions. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. Notwithstanding this, Provider agrees that Licensor shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Youtube Terms of Service Community Guidelines 1. Your Acceptance By using or visiting the YouTube website or any YouTube products, software, data feeds, and services provided to you on, from, or through the YouTube website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Google's Privacy Policy, found at https://www.youtube.com.au/t/privacy and incorporated herein by reference, and (3) YouTube's Community Guidelines, found at https://www.youtube.com.au/t/community_guidelines and also incorporated herein by reference. If you do not agree to any of these terms, the Google Privacy Policy, or the Community Guidelines, please do not use the Service. The Service is provided by YouTube, LLC, which, along with its products and services, is referred to as “YouTube” in these Terms of Service. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://www.youtube.com.au/t/terms). YouTube may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. 2. Service These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of YouTube, including but not limited to all products, software and services offered via the YouTube website, such as the YouTube channels, the YouTube "Embeddable Player," the YouTube "Uploader" and other applications. The Service may contain links to third party websites that are not owned or controlled by YouTube. YouTube has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, YouTube will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve YouTube from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit. 3. YouTube Accounts In order to access some features of the Service, you will have to create a YouTube or Google Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify YouTube immediately of any breach of security or unauthorized use of your account. Although YouTube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YouTube or others due to such unauthorized use. 4. General Use of the Service—Permissions and Restrictions YouTube hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that: You agree not to distribute in any medium any part of the Service or the Content without YouTube's prior written authorization, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player). You agree not to alter or modify any part of the Service. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means YouTube may designate. You agree not to use the Service for any of the following commercial uses unless you obtain YouTube's prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from YouTube appears on the same page and is of sufficient value to be the basis for such sales. Prohibited commercial uses do not include: uploading an original video to YouTube, or maintaining an original channel on YouTube, to promote your business or artistic enterprise; showing YouTube videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or any use that YouTube expressly authorizes in writing. (For more information about what constitutes a prohibited commercial use, see our FAQ.) If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the YouTube website. If you use the YouTube Uploader, you agree that it may automatically download and install updates from time to time from YouTube. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit YouTube to deliver these to you) as part of your use of the Uploader. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the YouTube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, YouTube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. YouTube reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content. In your use of the Service, you will comply with all applicable laws. YouTube reserves the right to discontinue any aspect of the Service at any time. 5. Your Use of Content In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to YouTube, subject to copyright and other intellectual property rights under the law. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by YouTube on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content. YouTube and its licensors reserve all rights not expressly granted in and to the Service and the Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that YouTube is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouTube with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless YouTube, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service. 6. Your Content and Conduct As a YouTube account holder you may submit Content to the Service, including videos and user comments. You understand that YouTube does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein. You further agree that you will not submit to the Service any Content or other material that is contrary to the YouTube Community Guidelines, currently found at https://www.youtube.com.au/t/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. YouTube does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with Content. YouTube does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and YouTube will remove all Content if properly notified that such Content infringes on another's intellectual property rights. YouTube reserves the right to remove Content without prior notice. 7. Account Termination Policy YouTube will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. YouTube reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. YouTube may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service. 8. Copyright Policy YouTube operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here https://www.youtube.com.au/t/copyright_notice. As part of YouTube's copyright policy, YouTube will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice. 9. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUTUBE EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 10. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, YOUTUBE LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN). YOU SPECIFICALLY ACKNOWLEDGE THAT YOUTUBE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by YouTube from its facilities in the United States of America. YouTube makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. 11. Indemnity To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless YouTube, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. 12. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them. 13. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YouTube without restriction. 14. General You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over YouTube, either specific or general, in jurisdictions other than California. You agree that the laws of California, excluding California’s choice of law rules, will apply to these Terms of Service. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in Santa Clara County, California. These Terms of Service, together with the Privacy Notice at https://www.youtube.com.au/t/privacy and any other legal notices published by YouTube on the Service, shall constitute the entire agreement between you and YouTube concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and YouTube's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND YOUTUBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Dated: 9 June 2010 MAP Terms & Conditions The Mood Assessment Program (MAP) is a computerised software program that has been developed by the Black Dog Institute to assist health care providers in the clinical assessment and management of people with depression and bipolar disorder. The MAP program is not by itself capable of giving a precise diagnosis, does not replace clinical assessment and is not intended to be a substitute for professional medical advice, diagnosis or treatment. By completing the MAP, you will provide your referring health care provider with information that will assist them in formulating a treatment plan for you. You should make an appointment with your health care provider to discuss the results of this assessment. Privacy Statement Information you provide will be used to generate a report which will be sent to your health care provider. It is necessary to answer all questions in order for a report to be generated. If you do not complete all questions this program will not generate a report. Information provided by you in the completion of this program will not be sold or traded to any other person under any circumstances. If you have any concerns about how information you provide will be used, please contact us at: Black Dog Institute, Hospital Road, Prince of Wales Hospital, Randwick NSW 2031. A copy of our privacy policy is available at blackdoginstitute.org.au or by writing to us. OnlineVideoConverter TERMS AND CONDITIONS 1. Your Acceptance BY USING OR VISITING THIS WEBSITE (together with all Content available through the OnlineVideoConverter.com domain name, the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms & Conditions"). These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions or the Privacy Policy, then please do not use the Website. IF YOU DO NOT UNDERSTAND THE ENGLISH LANGUAGE, then please use a translator or do not use the website. 2. Links The Website may contain links to third party websites that are not owned or controlled by OnlineVideoConverter.com. OnlineVideoConverter.com is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OnlineVideoConverter.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release OnlineVideoConverter.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit. OnlineVideoConverter.com does not host any of the videos embedded here. 3. Website Access OnlineVideoConverter.com hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without OnlineVideoConverter.com's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions. You are solely responsible for the activity that occurs on this Website. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the OnlineVideoConverter.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. OnlineVideoConverter.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. OnlineVideoConverter.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below). OnlineVideoConverter.com has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause. 4. Intellectual Property Rights The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to OnlineVideoConverter.com. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without OnlineVideoConverter.com's prior written consent. OnlineVideoConverter.com reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website. 5. Copyright and Content Policy OnlineVideoConverter.com respects the intellectual property rights of others, and requests you to do the same. OnlineVideoConverter.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and OnlineVideoConverter.com will promptly suspend any copyrighted content (served via a publicly available web address / URL) from being able to be converted and downloaded by its Website when kindly notified. OnlineVideoConverter.com also has a team in place that’s putting in extra effort to mitigate the possibility of copyright infringing activities using its Website by actively seeking out and disabling the possible conversion of commercial copyrighted materials. If you’re a content creator/owner, copyright owner or an agent thereof and would like to disable the possible use of OnlineVideoConverter.com’s platform to convert your publicly available content(s), please kindly send us a request via e-mail at copyright@onlinevideoconverter.com with the following information: the URL(s) and description(s) of the content(s) you want us to block; a form of electronic or physical evidence showing that you have the rights to act for the content(s); contact information that is reasonably sufficient to permit us to contact you, such as an address, telephone number, and a valid e-mail address. The content(s) will be blacklisted in our system within 24 hours. 6. Trademarks OnlineVideoConverter.com, the OnlineVideoConverter.com logo, and all other OnlineVideoConverter.com trademarks, service marks, product names, and trade names of OnlineVideoConverter.com appearing on the Services are owned by OnlineVideoConverter.com. All other trademarks, service marks, product names, logos and pics appearing on the Services are the property of their respective owners. 7. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, OnlineVideoConverter.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OnlineVideoConverter.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. OnlineVideoConverter.com DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND OnlineVideoConverter.com 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. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT THE UNIQUE PURPOSE OF DOWNLOADING CONTENTS WITH RESTRICTIVE AND PERSONAL USES. AS THE SERVICE IS FULLY ACCESSIBLE FROM INTERNET, YOU AGREE THAT YOU NEED TO KNOW THE SPECIFIC RULES APPLIED IN YOUR COUNTRY. YOU AGREE THAT MORE GENERALLY ALL THE CONTENT DOWNLOADED FROM OnlineVideoConverter.com IS INTENDED FOR AN EVALUATION PERIOD AND WILL NOT BE PRESENT ON YOUR HARD DRIVE OR ANY OTHER DEVICES MORE THAN A RESTRICTIVE PERIOD OF 2 DAYS. YOU AGREE THAT IF YOU WISH TO KEEP THE CONTENT AND IF THIS CONTENT IS SOLD UNDER A LICENCE , YOU WILL BUY A LICENSE OF IT. 8. Limitation of Liability IN NO EVENT SHALL OnlineVideoConverter.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OnlineVideoConverter.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT OnlineVideoConverter.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 9. Indemnity You agree to defend, indemnify and hold harmless OnlineVideoConverter.com, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website. 10. Ability to Accept Terms & Conditions You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 11. Assignment These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OnlineVideoConverter.com without restriction. 12. General You agree that: (i) the Website shall be deemed solely based in Netherlands; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over OnlineVideoConverter.com, either specific or general, in jurisdictions other than the country of Netherlands. These Terms & Conditions shall be governed by the internal substantive laws of the country of Netherlands, without respect to its conflict of laws principles. Any claim or dispute between you and OnlineVideoConverter.com that arises in whole or in part from the Website or these Terms & Conditions shall be decided exclusively by a federal or state court of competent jurisdiction located in Netherlands. These Terms & Conditions, and any other legal notices published by OnlineVideoConverter.com on the Website, shall constitute the entire agreement between you and OnlineVideoConverter.com concerning the Website. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. OnlineVideoConverter.com reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND OnlineVideoConverter.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OnlineVideoConverter.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Headspace Terms and Conditions 1. GENERAL INFORMATION 1.1 HEADSPACE PRODUCTS These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.headspace.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Headspace). Please read these terms and conditions, carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “Headspace,” “us” or “we” refers to Headspace, Inc. and its wholly owned UK based subsidiary, Headspace Meditation Limited. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products. Our contact email address is help@headspace.com. All correspondence to Headspace including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address. 1.2 ARBITRATION NOTICE AND CLASS ACTION WAIVER PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND HEADSPACE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND HEADSPACE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 1.3 BASIS OF LICENSE (a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control. (b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Headspace. (c) AS PART OF YOUR USE OF THE PRODUCTS, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES AND THE UNITED KINGDOM MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION. 1.4 CHANGES TO TERMS Headspace reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.headspace.com. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email. 2. MEMBERSHIPS AND SUBSCRIPTIONS 2.1 BECOMING A MEMBER (a) You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to go to the relevant section of the Products, then submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. (b) In the course of your use of the Products, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the Headspace Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. (c) By placing an Order through the Products, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation. 2.2 ONCE A MEMBER You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information. 2.3 USE OF HEADSPACE BY MINORS You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms. 2.4 MEMBERSHIP As a Headspace Member you will receive access to certain sections, features and functions of the Products that are not available to non-members. By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and Product based communication emails. You can easily unsubscribe from Headspace commercial emails by following the opt-out instruction in these emails. Headspace memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever. 2.5 SUBSCRIPTIONS (a) Headspace account holders may access the Products in two ways: (i) "Basics" Free Trial: a free-of-charge program, which gives unlimited access to ten days of our “Foundation Course.” (ii) Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the "Basics" Free Trial. You will only have access to the Subscription Program while your subscription is active and subsisting. You may have access to a free trial period of the Subscription Program in accordance with certain promotional offers. All subscription services provide access through the Products. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products from the Website, within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them. (b) Headspace offers monthly, annual, two year and forever subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendar days and two years constitutes 730 calendar days. For the purposes of our forever subscription, forever constitutes 100 years or until the date Headspace ceases to commercially offer the Products. (c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Headspace is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.6(h) (the “Payment Method”) in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period. (d) Our “Yearly” and “Two Year” subscriptions are paid for by an upfront one-off payment with automatic annual or two year renewals respectively. You acknowledge and agree that Headspace is authorized to charge the Payment Method used for (i) the initial annual or two year subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period. (e) Our “Forever” subscription is paid for by a one-off upfront payment. (f) You may cancel automatic renewals of your subscription at any time by emailing help@headspace.com. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner. (g) You agree to promptly notify Headspace of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. (h) In the course of your use of the Products, Headspace and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Headspace and Headspace’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. (i) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Headspace for commercial purposes. 2.6 DEVICE REQUIREMENTS To enjoy Headspace via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces. 2.7 GIFTING “Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”. Gift subscriptions are paid for as a one-off upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The Headspace gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. Headspace will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. Headspace is not responsible if a Gift Subscription is lost, stolen or used without permission. 2.8 CORPORATE AND OTHER CONSUMER COMMUNITIES While Headspace is a consumer products company, there is increasing interest by large consumer communities (corporations, universities, hospitals, etc.) (“Communities”) to introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions. In such event, these Community terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, these Terms shall prevail. 2.9 CHANGING FEES AND CHARGES We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Products. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing help@headspace.com. 3. CANCELLATION OF SERVICES 3.1 CANCELLATION BY YOU (a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by visiting here or emailing help@headspace.com. (b) You may cancel our Yearly, Two Year and Forever subscription plans within the 30-day money back guarantee offer, which entitles you to cancel your subscription and have the full cost refunded to you up to 30 calendar days from your first date of payment, by emailing help@headspace.com. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly and Two Year subscriptions or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. (c) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. 3.2 CANCELLATION BY US We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products. 3.3 PROMOTION CODES Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased. 4. PROHIBITED USE OF THE PRODUCTS 4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner. 4.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose. 4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately. 4.4 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Headspace. 5. MATERIALS OFFERED THROUGH THE PRODUCTS 5.1 COPYRIGHT (a) All materials (including software and content whether downloaded or not) contained in the Products are owned by Headspace (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission. (b) You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you. (c) Audio or video content from Headspace not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device. (d) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products. (e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Headspace through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Headspace grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content. (f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Headspace will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 5.2 TRADEMARKS Headspace®, the Headspace logo and all other Headspace product or service marks are trademarks of Headspace. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Headspace will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution. 6. AVAILABILITY OF PRODUCTS 6.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at help@headspace.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time. 6.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing help@headspace.com. 7. USER MATERIAL 7.1 The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Products. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publically available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products. 7.2 This section 7 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so. 7.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. 7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice. 7.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Headspace or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Headspace. You acknowledge that we may indirectly commercially benefit from use of your User Material. 7.6 Each time you submit User Material to us, you represent and warrant to us as follows: (a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract. (b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate. (c) Your User Material does not advertise any product or service or solicit any business. (d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person. (e) You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email. (f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person. (g) You will not engage in any automated use of the system, such as using scripts to alter our content. (h) You will not, without authorization, access, tamper with, or use non-public areas of the Products, Headspace’s computer systems, or the technical delivery systems of Headspace’s providers. (i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Headspace system or network or breach any security or authentication measures. 7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted. 7.8 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Headspace an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Headspace may include your User Material in Headspace’s Distribution Content that is made available to others through the Products. Be aware that Headspace has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Headspace and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material. 7.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Headspace an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Headspace has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Headspace and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. 8. LINKS TO WEBSITES/HOME PAGE 8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services. 8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from Headspace. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to help@headspace.com. 9. PRODUCTS DISCLAIMER The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk. 10. MEDICAL DISCLAIMER 10.1 Headspace is a provider of online and mobile meditation content in the health & wellness space. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Headspace makes no claims, representations or guarantees that the Products provide a therapeutic benefit. 10.2 Any health information and links on the Products, whether provided by Headspace or by contract from outside providers, is provided simply for your convenience. 10.3 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products. 10.4 There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice. 11. END USER LICENSE 11.1 Subject to the terms of this license agreement (“License Agreement”), as set out in this section 11, and these other Terms, and your payment of applicable subscription fees, Headspace grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products. 11.2 The Products contain or embody copyrighted material, proprietary material or other intellectual property of Headspace or its licensors. All right, title and ownership in the Products remain with Headspace or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms. 11.3 You agree that you will not and you will not assist or permit any third party to: (a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products; (b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever; (c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part; (d) Tamper with the Products or circumvent any technology used by Headspace or its licensors to protect any content accessible through the Products; (e) Circumvent any territorial restrictions applied to the Products; or (f) Use the Products in a way that violates this License Agreement or the other Terms. 11.4 You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Headspace or its licensors and your use of them must be in accordance with these Terms. 12. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE 12.1 We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Products in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. 12.2 If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. 12.3 If you believe that your work has been copied and posted on the Products in a way that constitutes copyright infringement, please provide our designated agent with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Products; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. (g) Our designated agent for notice of claims of copyright infringement can be reached as follows: By Mail: Headspace, Inc. Attn: Copyright Agent 500 Molino St., Suite 118 Los Angeles, CA 90013 By E-Mail: hcannom@wscylaw.com Subject line: DMCA 13. GENERAL TERMS AND CONDITIONS 13.1 ASSIGNMENT BY US Headspace may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here. 13.2 INDEMNITY BY YOU You agree to defend, indemnify and hold Headspace and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. Headspace reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Headspace defense of such claim. 13.3 WARRANTIES AND LIMITATIONS (a) We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality. (b) We warrant that we will use reasonable skill and care in making the Products available to you during your subscription. (c) Nothing in this sections 13.3 or otherwise in these Terms shall exclude or in any way limit Headspace’s liability for: fraud; death or personal injury caused by negligence; or liability to the extent the same may not be excluded or limited as a matter of law. (d) The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties. (e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded. 13.4 NO WAIVER If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms. 13.5 FORCE MAJEURE We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control. 13.6 INTERPRETATION In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa. 13.7 ELECTRONIC COMMUNICATIONS (a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. (b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text. (c) You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at help@headspace.com (d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication. (e) To receive and view an electronic copy of the communications you must have the following equipment and software: (i) A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements. (ii) an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements. (f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text. (g) You can also contact us via email at help@headspace.com to withdraw your consent to receive any future communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we may terminate your use of the Products. (h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law. 13.8 NOTICES Unless otherwise specifically indicated, all notices given by you to us must be given to Headspace at help@headspace.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 13.7 above. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee. 13.9 ENTIRE AGREEMENT These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud. 13.10 THIRD PARTY RIGHTS A person who is not party to these Terms will not, subject to section 12 (DMCA), have any rights under or in connection with these Terms. 13.11 OUR LIABILITY (a) We will use reasonable endeavors to remedy faults in the Products. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Products in question. In addition, we will not be liable for: (i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control). (ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us. (iii) Any use of websites linked to the Products but operated by third parties. (b) To the extent permitted by law, Headspace and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Products or the content, materials and functions related thereto, your provision of information via the Products, or lost business or lost sales, or any errors, viruses or bugs contained in the Products, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Products. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the Products exceed, in the aggregate, the amount, if any, paid by you to Headspace for your use of the Products. 13.12 ARBITRATION PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH HEADSPACE, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HEADSPACE. (a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Headspace are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. (b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Headspace. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Headspace for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. (c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Headspace. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Headspace. (d) Jury Trial Waiver. You and Headspace waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Headspace elect to have claims and disputes resolved by arbitration. In any litigation between you and Headspace over whether to vacate or enforce an arbitration award, you and Headspace waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge. (e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND HEADSPACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Headspace are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below. (f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Headspace can force the other to arbitrate. To opt-out, you must notify Headspace in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Headspace account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Headspace, Inc., ATTN: Arbitration Opt-out, 2415 Michigan Avenue, Santa Monica, CA 90404; ADR@headspace.com (g) Small Claims Court. Notwithstanding the foregoing, either you or Headspace may bring an individual action in small claims court. (h) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Headspace. 13.13 EXCLUSIVE VENUE To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Headspace agree that all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Headspace consent to the personal jurisdiction of both courts. 13.14 CHOICE OF LAW Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims. 13.15 SEVERABILITY If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. These Terms are effective and were last updated on February 28, 2018. Headspace, Inc. is located at 2415 Michigan Avenue, Santa Monica, CA 90404. Headspace Privacy Policy Headspace, Inc. (“Headspace,” “us,” "we," or “our”) is committed to protecting and respecting your privacy in connection with your use of our website, www.headspace.com (the “Website(s)”), applications (“Apps”) and other products, services and features thereof (the Website, the Apps and such other products, services and features are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Headspace). This privacy policy (“Privacy Policy”) and any other documents referred to herein set forth the basis on which any personal information we collect from you, or that you provide to us, in connection with the Products will be processed by us. Please read the following carefully to understand our practices regarding your personal information and how we will collect, use and disclose your personal information. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. 1. INFORMATION WE MAY COLLECT FROM YOU We may collect and process the following information about you: Personal information including, for example, your name, e-mail address, telephone, information about your usage of the Products and information collected by tracking technologies as further described below that may identify you as an individual or allow online or offline contact with you as an individual. Headspace does not collect or process credit or debit card (“Payment Card”) information. Apple and Google collect Payment Card information with respect to in-app purchases made through the Apps, and our payment processor collects Payment Card information with respect to purchases made through the Websites. Such payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve - stored, and your card’s type, expiration date, billing address, and the last four digits of your card number. For individuals using the Products in connection with a Community client account as described in section 6, business information such as your company name, and company email address to the extent that you provide such information Facebook profile information, such as name, email address, and Facebook ID, if you choose to log in to the Products through Facebook. Device Information such as operating system version, device type, and system performance information. Information collected via tracking technologies, as fully described in section 4 If you choose to invite a “Buddy” to use the Products using our Buddy system, we will ask you for their name and email address. We will use this information to invite him or her to join the Products. We store this information for the sole purpose of sending invitations and tracking the success of our Buddy program. If your Buddy would like us to delete his or her information, they can do so by opting-out as described in each invitation or by contacting us at help@headspace.com. If you choose to have your account verified to confirm your status as a U.S. military veteran, we may allow a third party platform to access the specific personal information you provide in order to perform the verification. 2. CONFIDENTIALITY AND SECURITY The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at help@headspace.com. Except as described under the “Disclosure of Your Information” section below, we do not provide your personal information to any third party without your specific consent, as defined by applicable law. 3. NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS If you sign up to receive promotional materials from us via email we will use the information you give us to provide the communications you have requested. If you inform us that you wish to cancel email promotional materials by selecting “unsubscribe” at the bottom of such communication or by emailing us at help@headspace.com, we will remove you from our mailing list. If you no longer wish to receive push notifications, you may turn them off at the device level. If you provide your phone number to us directly or through a third-party for the specific purpose of receiving an SMS message with a link to our Apps, you will receive such SMS message (the “SMS Service”). Standard text message rates will apply. 4. TRACKING TECHNOLOGIES Headspace and our analytics partners use technologies such as cookies, beacons, tags, and scripts to enable a service to recognize your device so you don't have to provide the same information several times during one task, recognize that you may have already given a username and password so you don't need to do it for every web page requested, and to measure how people are using the Products. We use local storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on the Products also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. We partner with third parties, such as Facebook and Google, to manage our advertising of the Products on other sites or platforms as well as across your other devices based on your past visits to our website. Our third party partners may use technologies such as cookies to gather information about your activities within the Products to deliver such advertising to you, such as retargeting ads. We will acquire consent from you in order to use such trackers for advertising purposes to the extent required by applicable law. We currently do not respond to do-not-track signals. For more information about interest-based ads, including how to opt-out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third party platforms. You may also opt out of receiving ads across devices by adjusting your ad preference in your Google account. We use third party trackers to let us know when users have visited the Products by “clicking-through” our sponsored advertising or content hosted on third party platforms. The Products use Google Analytics code to gather statistical information. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Products. This is done to ensure that the Products are available when you want them and are fast. For more information on how Google Analytics processes this information, visit www.google.com/analytics. MOBILE ANALYTICS We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you engage with the Products, the events that occur within the Products, aggregated usage and performance data, and where the Applications were downloaded from. We may link the information we store within the analytics software to any personal information you submit within the mobile application. LOG FILES As true of most websites, we gather certain information and automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. If you receive the HTML-formatted version of our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting. 5. WHERE WE STORE YOUR PERSONAL INFORMATION All information you provide to us through the Products is stored on our secure servers located in the US. Any payment transactions will be encrypted using SSL technology; all payment information is stored with our payment processor and is never stored on Headspace’s servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone, and suggest that your change your password frequently. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to the Products; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. 6. CORPORATE AND OTHER COMMUNITY SHARING There is interest by large consumer communities (companies, universities, hospitals, etc.) (“Communities”) to introduce the Products to their employees and members. If you have registered to use the Products through a code or other registration credential furnished by a Community (a “Community Subscription”), the Community will have access to your name and the date you registered to use the Products and will have access to your usage information on an aggregated basis with all other members of the Community that are using the Products. Your Community may also have access to your usage information on an individual basis if you have provided appropriate consent under applicable law for such sharing. For example, many employers are offering incentive programs based on employee participation in health & wellness programs and desire to better understand how each of their individual employees is using the Products. 7. SINGLE SIGN-ON You can log into our Products using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal information (such as your name and email address) with us, and to pre-populate our sign-up form. Services like Facebook Connect give you to the option to post information about your activities on our Products or to your profile page to share with others within your network. 8. ACCESS TO AND DELETION OF PERSONAL INFORMATION Upon request, Headspace will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information, please email help@headspace.com. You may access your personal information to modify or update at any time via an online account, or by emailing help@headspace.com. To request the deletion of your personal data that we have on file please email us at help@headspace.com. Upon request, Headspace will permanently and irrevocably anonymize your data such that it can never be reconstructed to identify you as an individual. We will respond to your request in a reasonable timeframe. 9. USES MADE OF THE INFORMATION We use information held about you in the following ways: To ensure that content provided by the Products is presented in the most effective manner for you and for your computer or other device. To provide you with information, products or services related to Headspace that you will facilitate your engagement with the Products. To provide you with promotional communications, such as email, to the extent that you have provided consent to receive such communications under applicable law. To provide you with customer service communications. To carry out our obligations arising from any agreements entered into between you and us. To allow you to participate in interactive features of the Products, when you choose to do so. To notify you about changes to the Products. To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as zip code, state or country). To account for applicable sales taxes based on zip codes provided to our payment processors for purchases made through the Websites. To inform your Community about your registration and use of the Products as described under Corporate and Other Community Sharing in section 6 above. To serve our advertisements to you through third party platforms, such as Facebook or Google, on other sites and apps or across your devices, to the extent that you have provided consent for such uses under applicable law To provide you with the SMS Service to the extent that you have provided consent for such practices under applicable law. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. Details of transactions you carry out through the Products and of the fulfillment of your Product orders. Details of your visits to and interactions with the Products including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. If you choose to have your account verified to confirm your status as a U.S. military veteran, we may allow a third party platform to access the specific personal information you provide in order to perform the verification. If you are an existing customer, we will only contact you by electronic means (e-mail or in-Product communication) with information about products and services similar to those which were the subject of a previous sale to you. We do not disclose information about identifiable individuals to companies that host advertisements on our behalf, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. 10. DISCLOSURE OF YOUR INFORMATION We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. We may also disclose your personal information to third parties as follows: In some circumstances, based on your specific requests, we may need to disclose your personal information to a third party so that they can provide a service you have requested from such party, or fulfill a request for information from such party. An example of this is the SMS Service. In some circumstances, we may disclose the personal information that you have provided to Headspace to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality, complementary services or bundled pricing options. If Headspace’s service providers (like hosting, market analytics, and payment service providers) require this information to provide services to Headspace. Headspace requires each of its service providers to agree to maintain the confidentiality and security of your personal information. In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets. If Headspace or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets. If we are under a duty to disclose or share your personal information in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy proceedings, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of Headspace, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. With your Community, if your subscription is a Community Subscription, as described under Corporate and Other Community Sharing above. With third parties, such as Facebook, in order to serve Headspace advertisements on such third party platforms, to the extent that you have consented to such practices under applicable law. If you choose to have your account verified to confirm your status as a U.S. military veteran, we may allow a third party platform to access the specific personal information you provide in order to perform the verification. 11. WITHDRAWAL OF CONSENT FOR PROCESSING ACTIVITIES To the extent that you have provided appropriate consent under applicable law to certain processing activities, such as use of trackers for the purpose of retargeting activities, such consent can be withdrawn at any time by emailing help@headspace.com. 12. LINKS TO THIRD PARTY SITES The Products may, from time to time, contain links to and from the Products of our partner networks, advertisers and affiliates. If you follow a link to any of these external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal information to these external websites. 13. SOCIAL MEDIA WIDGETS Our Products include social media features, such as the Facebook Like button, and widgets, such as the “Share This” button, or interactive mini-programs. These features may collect your Internet protocol address, which page you are visiting on or Products, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products. Your interactions with these features are governed by the privacy statement of the company providing it. 14. HEALTHKIT Apple iOS users may opt-in to allow the Products to provide data regarding the amount of minutes meditated to the Apple iOS “Health” application for display. This data will not be shared with third parties or used for marketing purposes. 15. USE OF HEADSPACE BY MINORS You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms. 16. INFORMATION POSTED ON FORUMS Headspace users may have the ability to post content to one or more Headspace forums. All such users may request and obtain removal of such posted content by contacting Headspace at help@headspace.com and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the Headspace forum(s). 17. CHANGES TO OUR PRIVACY POLICY We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by in-Product message, email (sent to the e-mail address specified in your account) or by means of a notice in the Products prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. 18. CONTACT AND EEA REGISTERED AGENT Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to help@headspace.com. In the alternative, you may reach Headspace customer support at 855-432-3822. Our registered agent within the European Economic Area is Headspace Meditation Limited, located at WeWork Waterhouse Square, 138 Holborn, London EC1N 2SW. This Privacy Policy is effective and was last updated on May 25, 2018. Headspace’s physical address is 2415 Michigan Avenue, Santa Monica, CA 90404. 19. EU-U.S. and Swiss-U.S. Privacy Shield We participate in and have certified our compliance with the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks. Headspace is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov/list Headspace is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Headspace complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions. For personal data covered by Privacy Shield, you have the ability to opt-out of whether such personal information is disclosed to a third-party or is to be used for a purpose that is materially different for the purpose for which it was originally collected or subsequently authorized. You can contact Headspace at help@headspace.com in order to make such choices. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Headspace is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Headspace may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. Slack User Terms of Service Effective: November 17, 2016 These User Terms of Service (the “User Terms”) govern your access and use of our online workplace productivity tools and platform (the “Services”). Please read them carefully. Even though you are signing onto an existing workspace, these User Terms apply to you —the prospective user reading these words. We are grateful you’re here. First things First These User Terms are Legally Binding These User Terms are a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Acceptable Use Policy. “We”, “our” and “us” currently refers to the applicable Slack entity in the Contract (defined below). Customer’s Choices and Instructions You are an Authorized User on a Workspace Controlled by a “Customer” An organization or other third party that we refer to in these User Terms as “Customer” has invited you to a workspace (i.e., a unique URL where a group of users may access the Services, as further described in our Help Center pages). If you are joining one of your employer’s workspaces, for example, Customer is your employer. If you are joining a workspace created by your friend using her personal email address to work on her new startup idea, she is our Customer and she is authorizing you to join her workspace. What This Means for You—and for Us Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted Customer to create and configure a workspace so that you and others could join (each invitee granted access to the Services, including you, is an “Authorized User”). The Contract contains our commitment to deliver the Services to Customer, who may then invite Authorized Users to join its workspace(s). When an Authorized User (including, you) submits content or information to the Services, such as messages or files (“Customer Data”), you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides Customer with many choices and control over that Customer Data. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign workspaces, share channels, or consolidate your workspace or channels with other workspaces or channels, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data. Please check out our Help Center pages for more detail on our different Service plans and the options available to Customer. The Relationship Between You, Customer and Us AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. SLACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS. A Few Ground Rules You Must be Over the Age of 16 The Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the age of 16 and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age. While You Are Here, You Must Follow the Rules To help ensure a safe and productive work environment, all Authorized Users must comply with our Acceptable Use Policy and remain vigilant in reporting inappropriate behavior or content to Customer and us. You Are Here At the Pleasure of Customer (and Us) These User Terms remain effective until Customer’s subscription for you expires or terminates, or your access to the Services has been terminated by Customer or us. Please contact Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms or the Acceptable Use Policy. Limitation of Liability If we believe that there is a violation of the Contract, User Terms, the Acceptable Use Policy, or any of our other policies that can simply be remedied by Customer’s removal of certain Customer Data or taking other action, we will, in most cases, ask Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. Application of Consumer Law Slack is a workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws (e.g., in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term. Survival The sections titled “The Relationship Between You, Customer, and Us”, “Limitation of Liability”, and “Survival”, and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the User Terms. General Provisions Email and Slack Messages Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to Authorized Users through the Services (e.g., a slackbot notification). Notices to Slack should be sent to feedback@slack.com, except for legal notices, which must be sent to legal@slack.com. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement. Privacy Policy Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products. Modifications As our business evolves, we may change these User Terms or the Acceptable Use Policy. If we make a material change to the User Terms or the Acceptable Use Policy, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the User Terms at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in these User Terms: Acceptable Use Policy and Privacy Policy. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions. Waiver No failure or delay by either party in exercising any right under the User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver. Severability The User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect. Assignment You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Governing Law; Venue; Waiver of Jury Trial; Fees The User Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue of the Contract will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms, including the Acceptable Use Policy, or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Contract. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the User Terms. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. Entire Agreement The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Policy). Customer will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding. Contacting Slack Please also feel free to contact us if you have any questions about Slack’s User Terms of Service. You may contact us at feedback@slack.com or at our mailing address below: Slack Technologies, Inc. 500 Howard Street San Francisco, CA 94105 United States Slack Privacy Policy Effective: April 20, 2018 This Privacy Policy describes how Slack collects, uses and discloses information, and what choices you have with respect to the information. Updates in this version of the Privacy Policy reflect changes in data protection law. In addition, we have worked to make the Privacy Policy clearer and more understandable by: organizing it into the sections listed in the Table of Contents below, providing a series of examples that help illustrate how the policies may be implemented by Slack and defining and capitalizing a few terms that are used more than once for simplicity and brevity. When we refer to “Slack”, we mean the Slack entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below. Table of Contents: Applicability of this Privacy Policy Information We Collect and Receive How We Use Information Data Retention How We Share and Disclose Information Security Age Limitations Changes to this Privacy Policy International Data Transfers: Privacy Shield and Contractual Terms Data Protection Officer Identifying the Data Controller and Processor Your Rights Data Protection Authority Contacting Slack Applicability Of This Privacy Policy This Privacy Policy applies to Slack’s online workplace productivity tools and platform, including the associated Slack mobile and desktop applications (collectively, the “Services”), Slack.com and other Slack websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with Slack. If you do not agree with the terms, do not access or use the Services, Websites or any other aspect of Slack’s business. This Privacy Policy does not apply to any third party applications or software that integrate with the Services through the Slack platform (“Third Party Services”), or any other third party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through Services accounts (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls their instance of the Services (their “Workspace”) and any associated Customer Data. If you have any questions about specific Workspace settings and privacy practices, please contact the Customer whose Workspace you use. If you have an account, you can check http://slack.com/account/team for contact information of your Workspace owner(s) and administrator(s). If you have received an invitation to join a Workspace but have not yet created an account, you should request assistance from the Customer that sent the invitation. Information We Collect And Receive Slack may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways: Customer Data. Customers or individuals granted access to a Workspace by a Customer (“Authorized Users”) routinely submit Customer Data to Slack when using the Services. Other Information. Slack also collects, generates and/or receives Other Information: Workspace and Account Information. To create or update a Workspace account, you or your Customer (e.g., your employer) supply Slack with an email address, phone number, password, domain and/or similar account details. For details on Workspace creation, click here. In addition, Customers that purchase a paid version of the Services provide Slack (or its payment processors) with billing details such as credit card information, banking information and/or a billing address. Usage Information. Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, Slack logs the Workspaces, channels, people, features, content and links you interact with, the types of files shared and what Third Party Services are used (if any). Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data. Device information. Slack collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings. Location information. We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. Slack may also collect location information from devices in accordance with the consent process provided by your device. Cookie Information. Slack uses cookies and similar technologies in our Websites and Services that help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services. For more details about how we use these technologies, please see our Cookie Policy. Third Party Services. Customer can choose to permit or restrict Third Party Services for their Workspace. Typically, Third Party Services are software that integrate with our Services, and Customer can permit its Authorized Users to enable and disable these integrations for their Workspace. Once enabled, the provider of a Third Party Service may share certain information with Slack. For example, if a cloud storage application is enabled to permit files to be imported to a Workspace, we may receive user name and email address of Authorized Users, along with additional information that the application has elected to make available to Slack to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to Slack. When a Third Party Service is enabled, Slack is authorized to connect and access Other Information made available to Slack in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services. For more information on Third Party Services, click here. Contact Information. In accordance with the consent process provided by your device, any contact information that an Authorized User chooses to import (such as an address book from a device) is collected when using the Services. Third Party Data. Slack may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed. Additional Information Provided to Slack. We receive Other Information when submitted to our Websites or if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with Slack. Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Workspace setup details, is not provided, we may be unable to provide the Services. How We Use Information Customer Data will be used by Slack in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Slack is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to a Workspace, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services. Slack uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, Slack uses Other Information: To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at an Authorized User’s request. As required by applicable law, legal process or regulation. To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond. To develop and provide search, learning and productivity tools and additional features. Slack tries to make the Services as useful as possible for specific Workspaces and Authorized Users. For example, we may improve search functionality by using Other Information to help determine and rank the relevance of content, channels or expertise to an Authorized User, make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience or create new productivity features and products. To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about Slack. These are marketing messages so you can control whether you receive them. For billing, account management and other administrative matters. Slack may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments. To investigate and help prevent security issues and abuse. If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Slack may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.” Data Retention Slack will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Depending on the Services plan, Customer may be able to customize its retention settings and apply those customized settings at the Workspace level, channel level or other level. Customer may also apply different settings to messages, files or other types of Customer Data. The deletion of Customer Data and other use of the Services by Customer may result in the deletion and/or de-identification of certain associated Other Information. For more detail, please review the Help Center or contact Customer. Slack may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for Slack to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements. How We Share And Disclose Information This section describes how Slack may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and Slack does not control how they or any other third parties choose to share or disclose Information. Customer’s Instructions. Slack will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process. Displaying the Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users in the same or connected Workspaces. For example, an Authorized User’s email address may be displayed with their Workspace profile. Please consult the Help Center for more information on Services functionality. Collaborating with Others. The Services provide different ways for Authorized Users working in independent Workspaces to collaborate, such as shared channels. Other Information, such as an Authorized User’s profile Information, may be shared, subject to the policies and practices of the other Workspace(s). Customer Access. Owners, administrators, Authorized Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Workspace activity, or accessing or modifying your profile details. For information about your Workspace settings, please see https://slack.com/account/settings. Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services. Additional information about the subprocessors we use to support delivery of our Services is set forth at Slack Subprocessors. Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, Slack may share Other Information with Third Party Services. Third Party Services are not owned or controlled by Slack and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions. Corporate Affiliates. Slack may share Other Information with its corporate affiliates, parents and/or subsidiaries. During a Change to Slack’s Business. If Slack engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Slack’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements. Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Slack customer the average amount of time spent within a typical Workspace. To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. Please see the Data Request Policy to understand how Slack responds to requests to disclose data from government agencies and other sources. To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of Slack or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues. With Consent. Slack may share Other Information with third parties when we have consent to do so. Security Slack takes security of data very seriously. Slack works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. Slack has received internationally recognized security certifications for ISO 27001 (information security management system) and ISO 27018 (for protecting personal data in the cloud). To learn more about current practices and policies regarding security and confidentiality of the Services, please see our Security Practices. Given the nature of communications and information processing technology, Slack cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others. Age Limitations To the extent prohibited by applicable law, Slack does not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will takes steps to delete such information. Changes To This Privacy Policy Slack may change this Privacy Policy from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, Slack will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account. Contact the Customer if you wish to request the removal of Personal Data under their control. International Data Transfers Privacy Shield And Contractual Terms Slack may transfer your Personal Data to countries other than the one in which you live. We deploy the following safeguards if Slack transfers Personal Data originating from the European Union or Switzerland to other countries not deemed adequate under applicable data protection law: E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield. To comply with European Union and Swiss data protection laws, Slack Technologies, Inc. (“Slack US”) self-certified under the E.U.-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield.These frameworks were developed to enable companies to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States. For more information, including the types of Information covered, see Slack US’s Privacy Shield Notice. To learn more about the Privacy Shield Program, please see http://www.privacyshield.gov/welcome. European Union Model Clauses. Slack offers European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our Customers that operate in the European Union, and other international transfers of Customer Data. A copy of our standard data processing addendum, incorporating Model Clauses, is available here. Data Protection Officer To communicate with our Data Protection Officer, please email dpo@slack.com. Identifying The Data Controller And Processor Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, Slack is the processor of Customer Data and the controller of Other Information. Different Slack entities provide the Services in different parts of the world. Slack Technologies Limited, an Irish company based in Dublin, Ireland, is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Workspaces established for Customers outside of the U.S. and Canada. Slack Technologies, Inc., a US company based in San Francisco, California is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Workspaces established for Customers in the US and Canada. Your Rights Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact Customer for additional access and assistance. Please check https://slack.com/account/settings for Customer contact information. To the extent that Slack’s processing of your Personal Data is subject to the General Data Protection Regulation, Slack relies on its legitimate interests, described above, to process your data. Slack may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Slack’s use of your Personal Data for this purpose at any time. Data Protection Authority Subject to applicable law, you also have the right to (i) restrict Slack’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority or the Irish Data Protection Commissioner, which is Slack’s lead supervisory authority in the European Union. If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority: Irish Data Protection Commissioner Office of the Data Protection Commissioner Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland Phone +353 57 868 4757 Fax: +353 57 868 4757 Email: info@dataprotection.ie Contacting Slack Please also feel free to contact Slack if you have any questions about this Privacy Policy or Slack’s practices, or if you are seeking to exercise any of your statutory rights. You may contact us at feedback@slack.com or at our mailing address below: For Customers and Authorized Users who use Workspaces established for Customers in the US and Canada: Slack Technologies 500 Howard Street San Francisco, CA 94105 USA or For Customers and Authorized Users who use Workspaces established for Customers outside the US and Canada: Slack Technologies Limited 4th Floor, One Park Place Hatch Street Upper Dublin 2, Ireland Slack Cookie Policy At Slack, we believe in being transparent about how we collect and use data. This policy provides information about how and when we use cookies for these purposes. Capitalized terms used in this policy but not defined have the meaning set forth in our Privacy Policy, which also includes additional details about the collection and use of information at Slack. What is a cookie? Cookies are small text files sent by us to your computer or mobile device. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. To find out more about cookies, visit this site. Does Slack use cookies? Yes. Slack uses cookies and similar technologies like single-pixel gifs and web beacons. We use both session-based and persistent cookies. Slack sets and accesses our own cookies on the domains operated by Slack and its corporate affiliates (collectively, the “Sites”). In addition, we use third party cookies, like Google Analytics. How is Slack using cookies? Some cookies are associated with your account and personal information in order to remember that you are logged in and which workspaces you are logged into. Other cookies are not tied to your account but are unique and allow us to carry out analytics and customization, among other similar things. Cookies can be used to recognize you when you visit a Site or use our Services, remember your preferences, and give you a personalized experience that’s consistent with your settings. Cookies also make your interactions faster and more secure. Categories of Use Description Authentication If you're signed in to our Services, cookies help us show you the right information and personalize your experience. Security We use cookies to enable and support our security features, and to help us detect malicious activity. Preferences, features and services Cookies can tell us which language you prefer and what your communications preferences are. They can help you fill out forms on our Sites more easily. They also provide you with features, insights, and customized content. Marketing We may use cookies to help us deliver marketing campaigns and track their performance (e.g., a user visited our Help Center and then made a purchase). Similarly, our partners may use cookies to provide us with information about your interactions with their services, but use of those third-party cookies would be subject to the service provider’s policies. We may use cookies to help us deliver marketing campaigns and track their performance (e.g., a user visited our Help Center and then made a purchase). Similarly, our partners may use cookies to provide us with information about your interactions with their services, but use of those third-party cookies would be subject to the service provider’s policies. Performance, Analytics and Research Cookies help us learn how well our Sites and Services perform. We also use cookies to understand, improve, and research products, features, and services, including to create logs and record when you access our Sites and Services from different devices, such as your work computer or your mobile device. How are cookies used for advertising purposes? Cookies and other ad technology such as beacons, pixels, and tags help us market more effectively to users that we and our partners believe may be interested in Slack. They also help provide us with aggregated auditing, research, and reporting, and know when content has been shown to you. What can you do if you don't want cookies to be set or want them to be removed, or if you want to opt out of interest-based targeting? Some people prefer not to allow cookies, which is why most browsers give you the ability to manage cookies to suit you. In some browsers you can set up rules to manage cookies on a site-by-site basis, giving you more fine-grained control over your privacy. What this means is that you can disallow cookies from all sites except those that you trust. Browser manufacturers provide help pages relating to cookie management in their products. Please see below for more information. 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Our Sites and Services do not collect personal information about your online activities over time and across third-party websites or online services. Therefore, “do not track” signals transmitted from web browsers do not apply to our Sites or Services, and we do not alter any of our data collection and use practices upon receipt of such a signal. WinZip License Evaluation Version WinZip® Mac 6.0 Copyright © 2017 by Corel Corporation
All rights reserved. WinZip License
Evaluation Version Your Agreement to this License This License only applies to the executable code for the English-language version of the WinZip 6 software and any accompanying distributable files, data and materials ("WinZip"). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting WinZip without registering your copy of WinZip, you agree to all of the terms of this evaluation license agreement ("License"). Refer to www.WinZip.com for information about pricing, multi-user licensing, and registration options. For registered copies of WinZip the WinZip features you are allowed to access will depend on the registration code you have been given based on your licensed version of WinZip. Refer to the documentation provided with your license which identifies your licensed version of WinZip. For a complete description of the features available with each version of WinZip, refer to www.winzip.com. Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit WinZip. Scope of License This is not free software. Subject to the terms below, you are hereby licensed by Corel Corporation and WinZip Computing LLC (collectively "WinZip Computing" and/or "WinZip") to use for evaluation purposes only one (1) copy of WinZip, on one (1) computer or workstation, without charge, for a period of 45 days after you first install WinZip on any computer or workstation. If you want to use this software after the 45-day evaluation period, you must acquire from WinZip Computing for a fee a single-user license or multi-user license for WinZip. Refer to www.winzip.com for information about Standard license pricing, multi-user licensing, and ordering options. Use of WinZip after the expiration of the 45-day evaluation period without acquiring such a license from WinZip Computing is outside the scope of this License and a violation of U.S. and international copyright laws. Subject to all of the terms of this License, you may, without making any payment to WinZip Computing: 1. give exact copies of WinZip personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails); 2. distribute exact copies of WinZip for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and 3. make as many exact copies of WinZip as you wish, for purposes of distribution as described in (a) and (b) above. For purposes of the foregoing, an "exact copy" of WinZip means a file that is identical, at the time you create the copy, to the WinZip distribution file available at http://www.winzip.com. You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from WinZip Computing. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of WinZip. WinZip Computing reserves the right to revoke any or all distribution rights at any time, for any or no reason. All rights of any kind in WinZip which are not expressly granted in this License are entirely and exclusively reserved to and by WinZip Computing. You may use WinZip solely as expressly provided in this License. WinZip is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, WinZip, in whole or in part, nor permit anyone else to do so. You may not make access to WinZip available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of WinZip. WinZip includes a user selectable feature to check for software updates. By selecting the option to check for updates automatically, or manually invoking the feature, you are consenting to allow WinZip Computing to download and install updated non-executable files (such as screen files) to your computer without further notice. Before WinZip downloads and installs any updated executable files, WinZip will request your express consent. Warranty Disclaimers and Liability Limitations WinZip, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither WinZip Computing nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, WinZip. Neither WinZip Computing nor any of its affiliates or licensors warrants that the operation of WinZip will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including WinZip, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of WinZip covered by this License. This disclaimer of warranty constitutes an essential part of this License. Except to the extent expressly prohibited by applicable statutes, WinZip Computing, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, WinZip. Any liability of WinZip Computing, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to WinZip Computing. Except to the extent expressly prohibited by applicable statutes, in no event shall WinZip Computing, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of WinZip, or to your relationship with WinZip Computing, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages. In addition, in no event does WinZip Computing authorize you or anyone else to use WinZip in applications or systems where WinZip's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold WinZip Computing, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use. U.S. Government End Users WinZip is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire WinZip and any related documentation with only those rights set forth in this License. Export Restrictions WinZip is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license WinZip. By accepting this License, you warrant and represent to WinZip Computing that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export WinZip to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges. Termination Immediately upon expiration of the 45-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of WinZip and you shall within ten (10) days delete from your computer(s) all electronic copies of WinZip, including all or any part thereof. All provisions of this License that by their nature are intended to survive the expiration of the license granted hereunder shall survive and remain in full force and effect. Indemnification At your own expense, you shall indemnify, defend, and hold harmless WinZip Computing, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of WinZip other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns. General WinZip, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in WinZip, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by WinZip Computing, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of WinZip Computing and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License. This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. This License shall be governed by the laws of the State of Connecticut, without regard to Connecticut choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Connecticut, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by WinZip Computing herein. Any waiver by WinZip Computing of any violation of this License by you shall not constitute, nor contribute to, a waiver by WinZip Computing of any other or future violation by you of the same provision, or any other provision, of this License. You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, WinZip Computing or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available WinZip Computing or any of its affiliates under this License, at law or in equity. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby. This software is property of Corel Corporation and its licensors and is protected by Copyright. Any reproduction in whole or in part is strictly prohibited. WinZip and the WinZip logo are trademarks or registered trademarks of Corel Corporation. This product includes intellectual property (including trademarks) owned, registered and/or licensed by/from respective third parties. Use of this product is subject to the acceptance of the license agreements included in this software. MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT XML CORE SERVICES (MSXML) 4.0 SERVICE PACK 3 MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT XML CORE SERVICES (MSXML) 4.0 SERVICE PACK 3 These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Distributable Code. The software is “Distributable Code” that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. • Distributable Code. You may copy and distribute the object code form of the Distributable Code. You may not modify the Distributable Code and your programs must include a complete copy of the Distributable Code, including set-up. • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • distribute Distributable Code to run on a platform other than the Windows platform; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. 3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; or • use the software for commercial software hosting services. 4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 6. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies. 7. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 8. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 10. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. END-USER LICENSE AGREEMENT FOR “AGE OF MYTHOLOGY®— ADDITIONAL CONTENT FILES” IMPORTANT—READ CAREFULLY: This Microsoft End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). The SOFTWARE PRODUCT may only be used in conjunction with Microsoft’s “Age of Mythology” computer game. By accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the SOFTWARE PRODUCT. Software PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights:  Applications Software. You may only install, access, and run (“RUN”) one copy of the SOFTWARE PRODUCT, for the same operating system, on a single personal computer, (“COMPUTER”) for your personal, noncommercial use and solely in conjunction with Microsoft’s “Age of Mythology” computer game. If not prevented by copy protection technology, the primary user of the COMPUTER on which the SOFTWARE PRODUCT is installed may make a second copy for his or her exclusive and personal noncommercial use on a portable computer solely in conjunction with Microsoft’s “Age of Mythology” computer game. Editors. f the SOFTWARE PRODUCT contains a software Editor, or a software Editor is made available to you by Microsoft for use with the SOFTWARE PRODUCT, you may use the Editor only in conjunction with that content specifically identified in the documentation for use with the Editor. If no content files are identified, you may not use content or other files from the SOFTWARE PRODUCT with the Editor. You may reproduce and share files or scripts created with the Editor with friends or family on a non-commercial basis only. Microsoft does not grant you the right to sell or otherwise distribute files from the SOFTWARE PRODUCT in exchange for value.  Storage/Network Use. If not prevented by copy protection technology, you may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.  Reservation of Rights. All rights not expressly granted are reserved by Microsoft. 2. MULTIPLAYER PLAY. This SOFTWARE PRODUCT may contain features that allow you to play the SOFTWARE PRODUCT with other players over a network or the Internet (“Multiplayer Play”). By using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may generate, store and transmit certain information that identifies your COMPUTER to other computers for purposes of Multiplayer Play. You also agree that the SOFTWARE PRODUCT may continue to generate, store and transmit such game information as necessary while engaged in Multiplayer Play. You agree that Multiplayer Play is not supervised or otherwise under the control of Microsoft or its agents. You acknowledge and agree that Microsoft and its agents have no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or other information or data you may create, encounter or receive, including chat, while you are engaged in Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time without notice to you. 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.  Not for Resale Software. If the SOFTWARE PRODUCT is labeled “Not For Resale” or “NFR,” then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.  Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.  Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Microsoft.  Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.  Support Services. Microsoft may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in “online” documentation, and/or in other Microsoft-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.  Software Transfer. The initial licensee of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.  Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 4. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Microsoft as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one COMPUTER. 5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 6. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not RUN the other medium on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT. 7. COPY PROTECTION. The SOFTWARE PRODUCT may require the original media for use of the SOFTWARE PRODUCT on the COMPUTER and/or employ copy protection technology to prevent the unauthorized copying of the SOFTWARE PRODUCT. It is illegal to make unauthorized copies of the SOFTWARE PRODUCT or circumvent any copy protection technology employed in the SOFTWARE PRODUCT. 8. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 9. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/. MISCELLANEOUS This EULA is governed by the laws of the State of Washington. DISCLAIMER OF WARRANTY NO WARRANTIES. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind. Microsoft and its suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Microsoft has been advised of the possibility of such damages. In any case, Microsoft’s entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. Mood Prism User Information Sheet Project: Monitoring emotional wellbeing via a mobile phone app Nikki Rickard Department of Psychological Sciences email: nikki.rickard@monash.edu You are invited to take part in this study. Please read this Explanatory Statement in full before deciding whether or not to participate in this research. If you would like further information regarding any aspect of this project, you are encouraged to contact the researcher via the email address listed above. What does the research involve? The aim of this study is to explore whether people’s mobile phone behaviours can help us understand or predict their emotional well-being. If you agree to be in this study, you will be asked to: (1) Download the “MoodPrism” app on your smartphone, and leave the app on during the 1 month research period (2) Give permission to the researchers to automatically access your mobile phone behaviours (anonymous). The type of data that you will be asked to give researchers access to will include your music use details (e.g., artists and songs, time you listen), social networking information (e.g., which apps you use and for how long, your friend network size, and some anonymous content) and your activity levels and locations. All this information will only be stored ANONYMOUSLY (without any way of linking it to you). (3) The app will ask you to complete a set of surveys at the start and end of the 1 month. These surveys will take about an hour in total to complete, but can be broken up and completed at a few different times if you wish. The end surveys will only take about 20 minutes. (4) The app will also ask you to answer quick questions (less than 5 minutes each) including a voice recording when prompted at different times on most days during that 1 month (5) The app will also deliver some mental health messages to you. This will include information about your moods (which you can access at any time), whether you are flourishing, and after 2 weeks, information about depression and anxiety levels from mental health organizations such as Beyond Blue and Headspace. Why were you chosen for this research? We are interested in how people’s emotional health (both good and poor) might be reflected in their use of mobile phones. We are therefore seeking all sorts of people (e.g., males and females, living in the country or city, who might be feeling emotionally healthy or might not be feeling that healthy). This invitation is being sent openly through websites and other means, and is a call for anonymous participation in this research. Please note that you will not be able to participate in this research if you: • Are currently taking any psychotropic medication (e.g., antidepressants, or anti-anxiety drugs) • do not own your own smartphone Consenting to participate in the project and withdrawing from the research After reading this, the app will ask you whether you want to be in the research. By clicking on the “Yes” button, you are consenting to being involved in the research and give permission for the researchers to access your mobile phone behaviours during the research (for 1 month). If you decide during the research that you no longer want to participate, you can withdraw from it at any time. The data already collected will already have been sent to us, and as it is not linked to your name in any way, we will not be able to find and withdraw that data. Possible benefits and risks to participants Being involved in this research has a number of benefits for you: (1) You can enter a draw for one of four $AU100 gift cards. Everyone who agrees to be part of this research and completes just 7 days will go into the prize draw. For every week you complete after that, you will be awarded another entry in this draw, and if you complete the final surveys you will receive double entries to the prize draw. The prizes will be drawn in January 2017, and winners will be notified via a push notification on their device. At that time they will be invited to contact the researchers to receive their prize. (2) You will receive messages from experts about emotional health. These might include suggestions for improving your emotional wellbeing, or perhaps some suggestions for what you might do if you’re feeling down a lot or stressed a lot. (3) You will be helping us understand how mobile phones might be used to improve emotional wellbeing of young people like yourself. Being involved in the research will however involve some regular time from you over this month, and this could be inconvenient at times. Some of the questions we ask are also personal, and about your emotions or mental health – these could cause some upset or concern. We recommend that if you do feel any distress or concern when you are involved in this research, that you contact your doctor or school/university or work’s welfare officer to discuss this, or seek help from help services such as: Confidentiality All information we collect from the app about you will be stored anonymously (without your name) on our secure and private servers. We will be publishing results of our study but these will there will be no way anyone could identify you and your individual information when we do this. The only time we will ask for a name and contact details is if you wish to go into the draw to win one of the $AU100 gift cards for being involved in the research. However, your details will be kept totally separate from the other information about you collected by the app, and the two could never be linked. Storage and use of data During data collection, data will be stored confidentially on a secure storage site behind a firewall. Only the research team will be able to access the server, via SSH (encrypted tunnel). All communications with the server will be via HTTPS. Your information may also be used for future research projects by the researchers, but again only anonymously and as group data. Results If you are interested in finding out the results of this study, you can contact us at the end of 2017, when all data will have been analysed. Please contact nikki.rickard@monash.edu, and you will be advised where you can access our findings. Complaints Should you have any concerns or complaints about the conduct of the project, you are welcome to contact the Executive Officer, Monash University Human Research Ethics (MUHREC): Executive Officer Monash University Human Research Ethics Committee (MUHREC) Room 111, Building 3e Research Office Monash University VIC 3800 Tel: +61 3 9905 2052 Email: muhrec@monash.edu Fax: +61 3 9905 3831 Thank you, Associa GitLab User Agreement As part of my use of GitLab.com, I acknowledge that the use of my information will be processed in accordance with the agreed GitLab Privacy Policy and Terms of Service. By clicking Accept terms, I am hereby providing consent to this use and agree to all of the terms and conditions.` (For GitLab Contributors Only) As part of my voluntary contribution to any GitLab project, I acknowledge and agree that my name and email address will become embedded and part of the code, which may be publicly available. 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Within such ten (10) business days, representatives from each party will engage in negotiations to resolve the dispute, and such individuals will meet in person, via videoconference or via telephone and attempt to informally resolve the dispute or issues. If those persons are unable to resolve the dispute within such ten (10) business days, then unless the parties have mutually agreed to extend the negotiation period, a party may exercise its rights available to such party under this Agreement or otherwise. Arbitration Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, which has not been resolved via the process laid out in Dispute resolution will then be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be Utrecht or Amsterdam, The Netherlands. The arbitral procedure shall be conducted in the English language. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Governing law This Agreement shall be governed by and interpreted in accordance with the laws of the Netherlands. GitLab Privacy Policy This privacy policy (“Privacy Policy”) applies to all visitors and users of the GitLab.com hosted services and websites (collectively, the “Website” or “Websites”), which are offered by GitLab B.V. and/or any of its affiliates (“GitLab” or “we” or “us”). Self-hosted GitLab instances are not included in the definition of Website. Please read this Privacy Policy carefully. By accessing or using any part of the Websites, you acknowledge you have been informed of and consent to our practices with regard to your personal information and data. GitLab is an open source project and collaborative community, as well as a company. This means that many portions of our Websites, including information you voluntarily provide, will be public-facing for the open sharing of innovative developments, ideas, and information that makes our collaborative community so great. While we are committed to open sharing, we strive to respect the privacy of individual community members and will minimize the information we collect and share. If you do not want to share your information, including personally identifiable information, with other community members and the public, please be thoughtful as to how you interact with our Websites and what information you provide through the Websites (for example, through creating a public profile, project contributions, comments, and blog posts). What Information GitLab Collects and Why Information from Website Visitors Like most website operators, GitLab collects basic non-personally-identifying information from Website visitors of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. We collect this information to better understand how visitors use the Website, to improve our Websites and experience for visitors, and to monitor security of the Websites. From time to time, GitLab may publicly release non-personally-identifying information collected from Website visitors in the aggregate, e.g., by publishing a report on trends in the usage of the Website. GitLab also collects potentially personally-identifying information like Internet Protocol (IP) addresses from visitors. GitLab does not use such information to identify or track individual visitors, however. We collect this information to understand how visitors use the Websites, to improve performance and content, and to monitor security of the Websites. GitLab may collect statistics about the behavior of visitors to our Websites. For instance, GitLab may reveal how many downloads a particular version got using aggregated statistics that contain anonymous user information only. Usage Data Information from Self-hosted GitLab Instances GitLab collects information about usage from each self-hosted GitLab instance (Community Edition and Enterprise Edition) through a usage ping. The usage ping sends a payload containing data such as total number of projects and pipelines, as well as license information and hostname to GitLab. Only aggregates of usage data is sent: no project names or other content is sent to GitLab. You can view the exact payload of the usage ping in the administration panel in GitLab. Here you can also opt-out of the usage ping. You can read more about the usage ping in the documentation. Personally-Identifying Information Users of the Websites may choose to interact with GitLab in ways that provide us with their personally-identifying information. The amount and type of information that GitLab gathers depends on the nature of your interaction with us, as well as the amount of information you choose to share. For example, we ask visitors who use our blog forums to provide a username and email address to identify them on the Website. We will also collect the information you provide with us in connection with creating an account on the Website. Profile information is shared publicly, as well as activity under your profile and the date your profile was created. If you report a security vulnerability to GitLab and request public acknowledgement, then we may publicly disclose the personal information you provided to us in connection with the report, including your name to fulfill your request for acknowledgement. In each case, GitLab collects such personally-identifiable information only insofar as is necessary or appropriate to fulfill the purpose of the user’s interaction with or request of GitLab. We will not disclose personally-identifying information other than as described in this Privacy Policy. Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent you from engaging in certain Website-related activities or being able to access and use certain features and services. Information GitLab Does Not Collect GitLab does not intentionally collect sensitive personal information, such as social security numbers, genetic data, health information, or religious information. Although GitLab does not request or intentionally collect any sensitive personal information, we realize that users might store this kind of information in a Gitlab repository. If you store any sensitive personal information on GitLab’s servers, you are consenting to our storage of that information on our servers, which are located in the United States. If you're a child under the age of 13, you may not have an account on the Website. GitLab does not knowingly collect information from or direct any of our Website or content specifically to children under 13. If we learn or have reason to suspect that a user is under the age of 13, we will close the child’s account. Bases for Processing Your Information Performance of a contract. The use of your information may be necessary to perform the contract that you have with us. For example, if you use our Websites to purchase GitLab product subscriptions or services, contribute to a project, create a profile, post and comment through our Websites, or request information through our Websites, we will use your information to carry out our obligation to complete and administer that contract or request. Legitimate interests. We use your information for our legitimate interests, such as to provide you with the best content through our Websites and communications with users and the public, to improve and promote our products and services, and for administrative, security, fraud prevention and legal purposes. Consent. We may rely on your consent to use your personal information for certain direct marketing purposes, such as sending you newsletter updates about GitLab products. You may withdraw your consent at any time through the unsubscribe feature provided with each marketing email or by contacting us at the addresses given at the end of this Privacy Policy. How GitLab Uses and Protects Personally-Identifying Information Sharing Your Information GitLab only discloses potentially personally-identifying and personally-identifying information to those of its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on GitLab's behalf or to provide services available on the Website, and (ii) that have agreed not to disclose it to others. GitLab will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, GitLab discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when GitLab believes in good faith that disclosure is reasonably necessary to protect the property or rights of GitLab, third parties, or the public at large. GitLab takes measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information. International Transfer of Information The Website is hosted in the United States and information we collect will be stored and processed on our servers in the United States. Our employees, contractors and affiliated organizations that process information for us as described above may be located in the United States or in other countries outside of your home country; by using the Website, you consent to the international transfer of your information by GitLab. GitLab Communications with You If you are a registered user of the Websites and have supplied your email address, GitLab may occasionally send you an email to tell you about security, system information, new features, solicit your feedback, or just keep you up to date with what's going on with GitLab and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. We will only send mass marketing emails with your affirmative consent. There's an unsubscribe link located at the bottom of each of the marketing emails we send you so you can stop receiving such emails at any time. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish your request in order to help us clarify or respond to your request or to help us support other users. We will not publish your personally-identifiable information in connection with your request. Cookies, Tracking Technologies and Do Not Track Cookies A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. GitLab uses cookies to help GitLab identify and track visitors, their usage of the Websites, and their Website access preferences. GitLab visitors who do not wish to have cookies placed on their computers may set their browsers to refuse cookies before using the Websites. Disabling browser cookies may cause certain features of GitLab's websites to not function properly. Certain pages on the Website may set other third party cookies. For example, we may embed content, such as videos, from another site that sets a cookie. These sites set their own cookies and we do not have access or control over these cookies. The use of cookies by third parties is not covered by our Privacy Policy. Tracking Technologies We use third party tracking services, but we don’t use these services to track you individually or collect your personally identifiable-information. We use these services to collect information about how the Website performs and how users navigate through and use the Website so we can monitor and improve our content and Website performance. Third party tracking services gather certain simple, non-personally identifying information over time, such as your IP address, browser type, internet service provider, referring and exit pages, timestamp, and similar data about your use of the Website. We do not link this information to any of your personal information such as your user name. Do Not Track "Do Not Track" is a privacy preference you can set in your browser if you do not want online services to collect and share certain kinds of information about your online activity from third party tracking services. GitLab does not track your online browsing activity on other online services over time and we do not permit third-party services to track your activity on our site beyond our basic tracking, which you may opt out of. Because we do not share this kind of data with third party services or permit this kind of third party data collection for any of our users, and we do not track our users on third-party websites ourselves, we do not need to respond differently to an individual browser's Do Not Track setting. Global Privacy Practices Information we collect will be stored and processed in the United States in accordance with this Privacy Policy but we understand that users from other countries may have different expectations and rights with regard to their privacy. For all Website visitors and users, no matter their country of location, we will: provide clear methods of unambiguous, informed consent when we do collect your personal information; only collect the minimum amount of personal data necessary for the purpose it is collected for, unless you choose to provide us more; offer you simple methods of accessing, correcting, or deleting your information that we have collected, with the exception of information you voluntarily provide that is necessary to retain as is for the integrity of our project code as described further below; and provide Website users notice, choice, accountability, security, and access, and we limit the purpose for processing. We also provide our users a method of recourse and enforcement. If you are located in the European Union, you are entitled to the following rights with regard to your personal information and data: Right of access to your personal data, to know what information about you we hold Right to correct any incorrect or incomplete personal data about yourself that we hold Right to restrict/suspend our processing of your personal data Right to complain to a supervisory authority if you believe your privacy rights are being violated Additional rights that may apply to you in certain instances: Right of data portability (if our processing is based on consent and automated means) Right to withdraw consent at any time (if processing is based on consent) Right to object to processing (if processing is based on legitimate interests) Right to object to processing of personal data for direct marketing purposes Right of erasure of your personal data from our system (“right to be forgotten”) if certain grounds are met To exercise your privacy rights, you can email us at the address given below in the ‘Contacting GitLab About Your Privacy’ section of this Privacy Policy. Data Retention and Deletion If you already have an account on the Websites, you may access, update, alter, or delete your basic user profile information by logging into your account and updating profile settings. GitLab will retain your information for as long as your account is active or as needed to perform our contractual obligations, provide you services through the Website, to comply with legal obligations, resolve disputes, preserve legal rights, or enforce our agreements. We will delete inactive accounts after a period of twelve (12) months. We will also erase information once it is no longer necessary to fulfill the purposes for which it was collected and processed. Please note that due to the open source nature of our products, services, and community, we may retain limited personally-identifiable information indefinitely. For example, if you provide your information in connection with a blog post or comment, we may display that information even if you have deleted your account as we do not automatically delete community posts. Also, as described in our Terms of Use, if you contribute to a GitLab project and provide your personal information in connection with that contribution, that information (including your name) will be embedded and publicly displayed with your contribution and we will not be able to delete or erase it because doing so would break the project code. Contacting GitLab About Your Privacy If you have questions or concerns about the way we are handling your information, or would like to exercise your privacy rights, please email us with the subject line "Privacy Concern" at GitLab Legal. We will respond within 30 days of receiving your message at the latest but please note for promptest response, we recommend emailing us. Privacy Policy Changes Although most changes are likely to be minor, GitLab may change its privacy policy from time to time, and in GitLab's sole discretion. We will provide notification to users who have provided us email addresses of material changes to this Privacy Policy through our Website prior to the change taking effect by posting a notice on our home page or sending email to the email address specified in your account. GitLab encourages visitors to frequently check this page for any minor changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change. This Privacy Policy was updated May 11, 2018. JetBrains Privacy Policy Last updated: 14th March 2016 This Policy may be amended from time to time. The respective latest version of the policy at the point of time of the purchase/registration of a JetBrains Software Product (whichever occurs later) shall apply. The data controller is JetBrains s.r.o., Praha 4, Na hřebenech II 1718/10, PSČ 140 00, Česká republika In this Privacy Policy, we describe the type of data, including personal data (collectively, “data”), that we collect from you when you use our Website (listed under JetBrains WebSite) and certain JetBrains products and services as described in this Privacy Policy (collectively, our “services”) and how we use and disclose that data. The following definitions will be used throughout this Privacy Policy. Definitions Why We Collect Data What We Collect Cookies and Other Tracking Technologies Location of Your Information Data retention, withdrawal of approval, access to data Changes to this Policy Reaching out Definitions JetBrains Software Product: Any software product written by JetBrains and licensed under JetBrains’ Terms of Use, EXCLUDING software that can be used by JetBrains’ software products but is not created by JetBrains. This may include, but not be limited to, code that extends the functionality of a JetBrains software product (e.g., a “plugin.”). Any such code is governed by its own terms and conditions and privacy policy. JetBrains Downloadable Software Product: Any JetBrains Software Product that can be downloaded and installed on a machine. JetBrains Software as a Service: Any JetBrains Software Product that is offered as a hosted solution, where the software is installed and maintained by JetBrains and provided to you as a service. JetBrains Website: Any website that is the property of JetBrains, including but not limited to everything hosted under the top-level domains jetbrains.com, jetbrains.net, jetbrains.org, jetbrains.ru, kotl.in, and kotlinlang.org. JetBrains Account: An account created and stored on JetBrains Servers which contains your first name, last name and email. It is accessed via a username and password. Why We Collect Data We collect data for various reasons, such as: To provide you with software, services or information. We may collect data that identifies you as an individual or company, which is required to provide you with the software, support, and services that you have requested. To receive the software, support and services, you explicitly fill in the data, whether you purchase a JetBrains Downloadable Software Product, purchase JetBrains Software as a Service, use our support forums, sign up for a JetBrains Account, register for a webinar, participate in a survey, and/or subscribe to receive marketing and/or technical information and content. We may use third-party service providers to assist us in provisioning our services to you or in our operations. For example, we may use third party service providers to provide data storage and backup services. To check for license validation and updates. Some JetBrains Downloadable Software Products regularly check for software updates and/or license validation. To improve our offerings based on usage. We collect data based on your use of our products and services, and we do not associate this data with your name. We use this data to better understand usage patterns of our products and behavior of our collective audience. At times we may share this information in aggregated anonymous form with third parties. Collection of data based on your use of JetBrains Downloadable Software Products is done only if you permit it. To promote and market our products. We may use feedback that you provide voluntarily on our products or services. As permitted by applicable law, we may use this in the form of quotes or in other ways in accordance with the JetBrains Terms of Use. We also may use data that we collect and aggregate to assist us in determining appropriate marketing and advertising for our products and services. In doing so, we may share aggregate data with third parties to assist us with these efforts. We also may use third party service providers to assist us with our email marketing; in that case, the third party service provider will have access to your email address, your name, and other information necessary to engage in the marketing. To provide technical support. We may need to ask you for data to process your support request, especially if it requires accessing your account or other data that you already have provided to us. We may have to access and/or request a failure code, which may contain personal data of the user who reported the failure. You hereby expressly consent to the collection and storage of this data. As required by law. We may use and disclose your personal data where required by law, such as in response to a court order, valid subpoena, or other legal process. To protect our rights and interests and the rights and interests of other users. We may use and disclose your personal data where we believe, in our sole judgment, that it is appropriate to do so to protect our rights and interests and the rights and interests of other users of JetBrains Software Products or services, or where we believe there has been a violation of this privacy policy that could affect the interests of JetBrains or its customers. Business Transfers. If we are acquired by or merged with another entity, if substantially all of our assets are transferred to another entity, or as part of a bankruptcy proceeding, or other business transfer, we may transfer the information we have collected from or about you to the other entity. Third Party Service Providers. We use third party service providers as discussed in this section. We also use third party service providers in other circumstances; a complete list of the reasons in which we use third party service providers can be found here. What We Collect What we collect depends largely on the interaction that takes place between you and JetBrains, most of which can be categorized under the following: Purchasing JetBrains Software Products When you purchase a JetBrains Downloadable Software Product or sign up for JetBrains Software as a Service, we collect information to process your payment and create your customer account. This information includes name, email address, physical address, telephone number, and company name where applicable. We retain the last four digits of your credit card to allow you to identify the card used for future purchases. We use a third-party service provider to process your credit card transactions. These third parties are governed by their own agreements, which can be found on Jetbrains.com under the section Third-Party Services. Using JetBrains Downloadable Software Products When downloading and installing purchased software, you need to provide the software with identifiable information such as your JetBrains Account or Licensing information. On installation and execution, the software may send JetBrains certain information, including product version, product edition, and information about the operating system and/or environment where the product is installed, applicable to tools such as ReSharper™, which is a plugin to Visual Studio™. A unique, randomly-generated ID, which does not contain any license or other personally identifiable information, is also used to distinguish instances. The software can also check for available updates, as well as available updates for plugins or components. In addition it can check for license validation, either using the license key or your JetBrains Account details. Some software products can also use license information to inform you of the availability of applicable updates. If you opt in to anonymous data collection through the software product (which is distinct from data collection on the website through cookies and other tracking technologies, as discussed below), the software may electronically send information to JetBrains related to your usage of the application’s features. This information may include, but is not limited to, frameworks, file templates being used in the IDEs, actions invoked, and other interactions with product features. This information will contain neither source code nor your name, nor information about your JetBrains Account or Licensing information. Using JetBrains Software as a Service When you use any JetBrains Software as a Service, we store all the content you provide, including but not limited to accounts created for team members, files, pictures, project information, and any other information that you provide to the services you use. These services can include YouTrack, TeamCity, Upsource, or any other software as a service that JetBrains provides or could potentially provide in the future. For any JetBrains Software as a Service, we also collect data about usage of the software. This may include, but is not limited to, numbers of users and groups, types of projects, numbers of projects, frequency and usage of attachments, searches performed, actions invoked in the product and other interactions with product features. In addition, weblogs that may be generated during your use of JetBrains Software as a Service may include information about IP addresses used to access the service, browser, operating environment, URL’s used to access the service, or other information. This information may be analyzed for security and auditing purposes. Signing up for Webinars, Newsletters and/or Marketing Material When you sign up for webinars, newsletters and/or other marketing materials, we collect information about you. This includes personal details such as name, email address, company name and possibly other information relevant to the offerings, such as technology interests. User Generated Content Our products and services often give you the option to provide feedback, such as suggestions, compliments or problems encountered. We invite you to provide such feedback as well as to participate with comments on our blogs and discussion forums. If you choose to post a comment, your user name, city, and any other information that you choose to post will be visible to the public. We are not responsible for the privacy of any information that you choose to post to our website, including in our blogs, or for the accuracy of any information contained in those postings. Any information that you disclose becomes public information. We cannot prevent such information from being used in a manner that may violate this Policy, the law or your personal privacy. Cookies and Other Tracking Technologies We, and our third party service providers, use cookies and other tracking technologies on our Website and client portals (collectively our “Website”). We use these tools to identify you when you visit our Website, to provide you with a good experience when you browse our Website, to improve our Website and the services that we provide, for analytics purposes, for targeted advertising, and as discussed in this section. Your Consent/Withdrawing Consent By continuing to use our Website, you are agreeing to the placement of cookies on your computer by us and our third party service providers. You may withdraw your consent at any time. If you do not wish to accept cookies in connection with your use of this Website, you must stop using our Website and disable cookies via your browser settings for this Website or globally (see below). You also may opt out of targeted advertising at any time by visiting www.jetbrains.com/optout/. Please note that disabling cookies will affect the functionality of our Website, and may prevent you from being able to access certain features on our Website. For further information about deleting or blocking cookies, please visit: http://www.aboutcookies.org/how-to-delete-cookies/. The Technologies we Use Cookies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our Website. There are two types of cookies: Persistent cookies: these cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie. Session cookies: these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted. Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our emails are forwarded. First and third-party cookies In relation to whether a cookie is 'first' or 'third' party refers to the domain placing the cookie. First-party cookies are those set by a website that is being visited by the user at the time (e.g., cookies placed by us). Cookies placed by JetBrains are used when creating an account, identifying yourself using JetBrains Account, purchasing products using the e-store, as well as using any of our services, including but not limited to, our issue tracker, blogs and discussions forums, newsletter sign-up, etc. At times we may also use cookies for testing out new features of our web site and/or services to a subset of our audience. Third-party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website, this would be a third-party cookie. How to delete and block our cookies You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our site. Changing your cookie settings Please note that internet browsers allow you to change your cookie settings. These settings are usually found in the 'options' or 'preferences' menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise you should use the 'Help' option in your internet browser for more details. Cookie settings in Internet Explorer Cookie settings in Firefox Cookie settings in Chrome Cookie settings in Safari What cookies do we use and why? Generally our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. The cookies used on our Website are categorized as follows: Strictly necessary Performance Functionality Targeting 'Strictly Necessary' cookies let you move around the Website and use essential features like secure areas. Without these cookies, we cannot provide the requested services. We use these Strictly Necessary cookies to: Identify you as being logged in to our Website and to authenticate you Make sure you connect to the right service on our Website when we make any changes to the way the Website works For security purposes Accepting these cookies is a condition of using the Website, so if you prevent these cookies we can't guarantee how Website or the security on our Website will perform during your visit. 'Performance' cookies collect information about how you use our Website e.g. which pages you visit, and if you experience any errors. These cookies do not collect any information that could identify you and are only used to help us improve how our Website works, understand what interests our users and measure the effectiveness of our advertising. We use performance cookies to: Carry out web analytics: Provide statistics on how our Website is used Obtain data on the number of users of the Website that have viewed a product Help us improve the Website by measuring any errors that occur Test different designs for the Website Some of our performance cookies are managed for us by third parties. We do not allow the third party to use the cookies for any purpose other than those listed above. By using our Website, or expressing your consent as otherwise required by applicable law, you accept the use of 'Performance' cookies. If you prevent cookies, we cannot guarantee how our Website will perform for you. 'Functionality' cookies are used to provide services or to remember settings to improve your visit. We use 'Functionality' cookies for such purposes as: Remember settings you've applied such as layout, text size, language, preferences and colors Remember if we've already asked you if you want to fill in a survey Remember if you have engaged with a particular component or product list on the Website so that don’t show it again Show you when you're logged in to the Website To provide and show embedded video content Some of these cookies are managed for us by third parties. We do not allow the third party to use the cookies for any purpose other than those listed above. 'Targeting' cookies are used to track your visit to our Website and other websites, including the pages you have visited and the links you have followed, which allows third parties to display targeted ads to you on the websites you visit. We and our third party service providers use Targeting cookies to: Link to social networks, like Facebook, that may subsequently use information about your visit to our website in order to provide advertising or other offers that may be of interest to you when you visit other websites. Provide third parties with information on your visit so that they can present you with advertisements or other offers that may be of interest to you. If you are in the EU, you may opt-out of certain third party cookies that we and other websites may use for targeting through http://www.youronlinechoices.eu or www.aboutads.info. Opting out of one or more ad networks only means that those particular members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our websites or other third party websites. If your browser is configured to reject cookies when you visit one of the above referenced opt-out pages, and you later erase your cookies, use a different computer or change Web browsers, your preference may no longer be active. Since all of these cookies are managed by third parties, you should refer to the third parties' own website privacy notifications and policies for further information (see below for more information about the particular targeting cookies used on our Website). Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance («DAA») Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative («NAI») Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members. Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org. More Information About Cookies All About Cookies Useful information about cookies can be found at: http://www.allaboutcookies.org/ Internet Advertising Bureau A guide to behavioural advertising and online privacy has been produced by the internet advertising industry which can be found at: http://www.youronlinechoices.eu/ Do Not Track Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking by disabling cookies in your browser. However, by doing so we cannot guarantee the correct behaviour of the services we provide to you. Links At times JetBrains’ Websites and/or JetBrains Software Products may contain links to other external non-JetBrains sites. JetBrains is not responsible for the privacy practices or content of such linked Websites. Children Our products and services are not designed for children under the age of 13. If we discover that a person under the age of 13 has submitted information directly to us, we will endeavor to delete the information from our systems. Location of Your Information Any servers or services that contain Personally Identifiable Information are located within the EU. For YouTrack InCloud, we provide the option for our customers to choose between hosting their instance in the EU or in the US. At times, JetBrains may process or transfer some of your personal data (such as name and email) to our affiliate companies outside of the EU. Any such transfer will be made in accordance with the applicable laws on data protection and this Privacy Policy. By submitting any personal information or by using the Website, you consent to such transfer to, and processing of, your personal data outside the EU. Data retention, withdrawal of approval, access to data If at any time you choose to cease using JetBrains Software Products, you may ask for your data to be removed from our servers by writing to privacy@jetbrains.com. We may retain your information if it is required to comply with legal obligations and/or defense in case of violation of our Terms of Service and/or Privacy Policies. We may also have copies of your information in backups made for security purposes, but these backups will not be accessible as separately delineated information. Please note, however, that you must retain a copy of all data that you have placed on our servers in the case of any loss; further, if you cease using our software and/or services, we will not be responsible for retention of any of your data. Your approval of the collection and storage of information during the process of technical support can be withdrawn at any time by writing to privacy@jetbrains.com. As permitted by applicable law, EU residents may request a copy of the information that we hold about them. To do so, please contact: privacy@jetbrains.com. We may charge a fee in accordance with applicable law for this service. Changes to this Policy This Privacy Policy is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, so please be sure to check back periodically. We will post any changes to this Privacy Policy on our website. If we make any changes to this Privacy Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our website. Reaching out If you have any questions or concerns, or you feel that this Privacy Policy has been violated in any way, please let us know immediately by contacting privacy@jetbrains.com. ImgBurn End User License Agreement YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. This End User License Agreement for ImgBurn ("License Agreement" or "Agreement") is a legal agreement between you (either an individual or an entity), LIGHTNING UK! ("Author"), his suppliers and licensors. By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE. Installing this software implies that you have read this license agreement, understand it, and agree to be bound by its terms and conditions. 1. GRANT OF LICENSE. a) This program is freeware and cannot be sold in any way, shape or form. Anyone may freely use this software at home or in the workplace. b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. c) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. e) You may not distribute the program as part of a commercial device, program or service without the express permission of the Author. 2. BETA RELEASE VERSIONS. In the event that the Software is a beta release version, the terms of this Section shall apply. The beta release version software you are receiving can be modified functions, capabilities, features, specifications, general availability or other characteristics without further notice. You agree that the beta release versions are not suitable for production use and may contain errors affecting their proper operation. 3. AUTOMATIC COMMUNICATIONS FEATURES. The Software has the ability to automatically check for program updates via an active Internet connection. The software receives current program version information from ImgBurn's servers and the program then uses this information to determine if an update is available. No information is ever transmitted to ImgBurn's servers. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software. 4. RIGHTS. Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with the Author. The Software and the Services are protected by the copyright laws of international copyright treaties. Title, ownership, rights, and intellectual property rights in and to the content accessed through the Software and the Services ("Content") including the content contained in the Software media demonstration files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you no rights to such Content. 5. LIABILITY. THIS SOFTWARE IS DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. YOU USE IT AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE. 6. TERMINATION. This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from the Author to effect such termination. You may also terminate this License Agreement at any time by notifying the Author in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software, or certify destruction of, all full or partial copies of the Software, documentation and related materials provided by the Author. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement. 7. UNINSTALL To uninstall this software, follow the directions below: a) Click the 'Start' menu button in Windows. b) Select 'All Programs'. c) Select the 'ImgBurn' program group. d) Select 'Uninstall'. You can also uninstall this software via the appropriate applet within Control Panel. For Example: Windows Vista / 7 / 8 - 'Programs and Features' Windows XP - 'Add or Remove Programs' Older Versions - 'Add/Remove Programs' ImgBurn™ © 2005 - 2015 LIGHTNING UK!. All rights reserved. http://www.imgburn.com/ Sierra End User License Agreement YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE PROGRAM TO THE PLACE OF PURCHASE OR CONTACT SIERRA ENTERTAINMENT CUSTOMER SERVICE AT (800) 757-7707 FOR A FULL REFUND OF THE PURCHASE PRICE WITHIN 30 DAYS OF THE ORIGINAL PURCHASE. This software program and any files that are provided by Sierra Entertainment, Inc., to you by on-line transmission or otherwise to 'patch,' 'update,' or modify the software program, as well as any printed materials, on-line or electronic documentation, and any and all copies and derivative works of such software program and materials are the copyrighted work of Sierra Entertainment, Inc. and/or its wholly owned subsidiaries, or its suppliers ("Sierra"). All use of the Program is governed by the terms of the End User License Agreement which is provided below ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited. END USER LICENSE AGREEMENT 1. Limited Use License. Sierra hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your use on either a home or portable computer. The Program also contains a "Campaign Editor" (the "Editor") that allows you to create custom levels or other materials for your personal use in connection with the Program ("New Materials"). All use of the Editor or any New Materials is subject to this License Agreement. In addition, The Program has a multi-player capability that allows users to utilize the Program over the Internet via gamespy.com or another gaming network designated by Sierra (an "On-line Provider"). Use of the Program over gamespy.com or other On-line Provider is subject to your acceptance of gamespy.com's or such other On-line Provider's Terms of Use Agreement as may be updated or modified at any time. The Program is licensed, not sold. Your license confers no title or ownership in the Program. 2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by Sierra or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Program contains certain licensed materials, and Sierra's licensors may protect their rights in the event of any violation of this Agreement. The Program may access websites owned, controlled by, or operated by licensed affiliates of Sierra, and receive patches and/or updates to the Program from these websites. All patches, updates or other downloadable material used by, or incorporated into, the Program are the copyrighted property of Sierra, who reserves all rights therein, and shall be governed by the terms and conditions of this Agreement. 3. Responsibilities of End User. A. Subject to the Grant of License hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create a source code equivalent of, create derivative works based on, or remove any proprietary notices or labels from the Program without the prior consent, in writing, of Sierra. B. The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer. C. You are entitled to use the Program for your own use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of Sierra; (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (Sierra may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Sierra for details); (iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes, including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution, without the express written consent of Sierra; (iv) host or provide matchmaking services for the Program or emulate or redirect the communication protocols used by Sierra in the network feature of the Program, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks, without the prior written consent of Sierra; and (v) create or maintain, under any circumstance, more than one simultaneous connection to any hosting service utilized for on-line play. All such connections, whether created by the Program or by other tools and utilities, may only be made through methods and means expressly approved by Sierra. Under no circumstances may you connect, or create tools that allow you to connect, to the hosting service's private binary interface or interfaces other than those explicitly provided by Sierra for public use. 4. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement and you agree to remove the Program and any New Materials from your home or portable computer. 5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Program and any New Materials. Sierra may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any New Materials. 6. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. 7. Customer Service/Technical Support. "Customer Service" as used herein may be provided to you by Sierra representatives by telephone and/or by electronic message (e-mail). "Technical Support" may be provided to you by Sierra by telephone, by electronic message (e-mail), or by posting of information related to known technical support issues on a website. Unless otherwise stated in the Program's packaging or in the Program's user manual, nothing herein shall be construed so as to place a duty upon Sierra to provide Customer Service or Technical Support via a toll-free telephone number for an unlimited period of time. 8. Duration of the "On-Line" Component of the Program. This Program contains an "on-line" component that allows you to utilize the Product over the Internet utilizing servers and software maintained by Sierra and or its affiliates. Sierra may, in its sole discretion, provide the servers and software technology necessary to utilize the "on-line" component of the Program, or Sierra may license to third parties the right to provide the servers and software technology necessary to utilize the "on-line" component of the Program. However, nothing contained herein shall be construed so as to place an obligation upon Sierra to provide the servers and software technology necessary to utilize the "on-line" component beyond the time that the Program is Out of Publication. The term "Out of Publication" as used herein shall mean that the Program is no longer being manufactured by Sierra. 9. Limited Warranty. Sierra expressly disclaims any warranty for the Program, Editor and Manual(s). The Program, Editor and Manual(s) are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Program and Manual(s) remains with the User; however, Sierra warrants up to and including 90 days from the date of your purchase of the Program that the media containing the Program shall be free from defects in material and workmanship. In the event that the media prove to be defective during that time period, and upon presentation to Sierra of proof of purchase of the defective Program, Sierra will at its option 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental damages, so the above limitations may not apply to you. 10. Limitation of Liability. NEITHER SIERRA ENTERTAINMENT, INC., THE ON-LINE PROVIDER, NOR EACH OF ITS RESPECTIVE PARENTS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, THE EDITOR OR AN AUTHORIZED ON-LINE GAME NETWORK, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, EACH OF SIERRA ENTERTAINMENT, ITS PARENT AND THE ON-LINE PROVIDER SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED ON AN AUTHORIZED ON-LINE GAME NETWORK, INCLUDING GAMESPY.COM. EACH OF SIERRA ENTERTAINMENT, ITS PARENT, AND THE ON-LINE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE ON GAMESPY.COM OR OTHER AUTHORIZED ON-LINE GAME NETWORK, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply. 11. Equitable Remedies. You hereby agree that Sierra would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Sierra shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Sierra may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation. 12. Limitations on License. Nothing in this License Agreement shall preclude you from making or authorizing the making of another copy or adaptation of the Program, provided, however, that (1) such new copy or adaptation is created as an essential step in your utilization of the Program in accordance with the terms of this License Agreement and for NO OTHER PURPOSE; or (2) such new copy or adaptation is for archival purposes ONLY and all archival copies are destroyed in the event of your Transfer of the Program, the Termination of this Agreement or other circumstances under which your continued use of the Program ceases to be rightful. 13. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the State of California, and any dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of California, County of Los Angeles, having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing the Program is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Sierra and yourself and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between you and Sierra. GameCopyWorld Terms and Conditions GameCopyWorld ONLY supplies Information and Tools necessary to make a PERSONAL BACKUP of legally owned Game CD's! GameCopyWorld cannot be held responsible if any of the information and/or files contained on this site is used in the pursuit of illegal activities such as copyright infringement or piracy! GameCopyWorld shall under no circumstances be liable for damages that result from the use or the inability to use of a downloaded file or any other supplied information! IN NO EVENT WILL GameCopyWorld BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER DAMAGE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. You are ONLY allowed to DOWNLOAD any file from GameCopyWorld if you need information to make a backup of an Original Game CD/DVD of which you are the legal owner. By Entering GameCopyWorld or downloading any file from GameCopyWorld you agree with the above Disclaimer! WinRAR End User License Agreement This is a trial version of WinRAR archiver. Anyone may use it during a test period of 40 days. PLEASE CAREFULLY READ THE LICENSE AGREEMENT BELOW BEFORE CONTINUING THE INSTALLATION PROCESS. END USER LICENSE AGREEMENT The following agreement regarding RAR (and its Windows version - WinRAR) archiver - referred to as "software" - is made between win.rar GmbH - referred to as "licensor" - and anyone who is installing, accessing or in any other way using the software - referred to as "user". The author and holder of the copyright of the software is Alexander L. Roshal. The licensor and as such issuer of the license and bearer of the worldwide exclusive usage rights including the rights to reproduce, distribute and make the software available to the public in any form is win.rar GmbH, Marienstr. 12, 10117 Berlin, Germany. The software is distributed as try before you buy. This means that anyone may use the software during a test period of a maximum of 40 days at no charge. Following this test period, the user must purchase a license to continue using the software. The software's trial version may be freely distributed, with exceptions noted below, provided the distribution package is not modified in any way. Nobody may distribute separate parts of the package, with the exception of the UnRAR components, without written permission. The software's unlicensed trial version may not be distributed inside of any other software package without written permission. The software must remain in the original unmodified installation file for download without any barrier and conditions to the user such as collecting fees for the download or making the download conditional on the user giving his contact data. The unmodified installation file of WinRAR must be provided pure and unpaired. Any bundling is interdicted. In particular the use of any install or download software which is providing any kind of download bundles is prohibited unless granted by win.rar GmbH in written form. Hacks/cracks, keys or key generators may not be included, pointed to or referred to by the distributor of the trial version. In case of violation of the precedent conditions the allowance lapses immediately and automatically. The trial version of the software can display a registration reminder dialog. Depending on the software version and configuration such dialog can contain either a predefined text and links loaded locally or a web page loaded from the internet. Such web page can contain licensing instructions or other materials according to the licensor's choice, including advertisement. When opening a web page, the software transfers only those parameters which are technically required by HTTP protocol to successfully open a web page in a browser. The software is distributed "as is". No warranty of any kind is expressed or implied. You use at your own risk. Neither the author, the licensor nor the agents of the licensor will be liable for data loss, damages, loss of profits or any other kind of loss while using or misusing this software. There are 2 basic types of licenses issued for the software. These are: A single computer usage license. The user purchases one license to use the software on one computer. Home users may use their single computer usage license on all computers and mobile devices (USB drive, external hard drive, etc.) which are property of the license owner. Business users require one license per computer or mobile device on which the software is installed. A multiple usage license. The user purchases a number of usage licenses for use, by the purchaser or the purchaser's employees on the same number of computers. In a network (server/client) environment the user must purchase a license copy for each separate client (workstation) on which the software is installed, used or accessed. A separate license copy for each client (workstation) is needed regardless of whether the clients (workstations) will use the software simultaneously or at different times. If for example you wish to have 9 different clients (workstations) in your network with access to RAR, you must purchase 9 license copies. A user who purchased a license, is granted a non-exclusive right to use the software on as many computers as defined by the licensing terms above according to the number of licenses purchased, for any legal purpose. There are no additional license fees, apart from the cost of the license, associated with the creation and distribution of RAR archives, volumes, self-extracting archives or self-extracting volumes. Owners of a license may use their copies of the software to produce archives and self-extracting archives and to distribute those archives free of any additional royalties. The licensed software may not be rented or leased but may be permanently transferred, in its entirety, if the recipient agrees to the terms of this license. To buy a license, please read the file order.htm provided with the software for details. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed software, or any subset of the licensed software, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. Neither RAR binary code, WinRAR binary code, UnRAR source or UnRAR binary code may be used or reverse engineered to re-create the RAR compression algorithm, which is proprietary, without written permission. The software may be using components developed and/or copyrighted by third parties. Please read "Acknowledgments" help file topic for WinRAR or acknow.txt text file for other RAR versions for details. This License Agreement is construed solely and exclusively under German law. If you are a merchant, the courts at the registered office of win.rar GmbH in Berlin/Germany shall have exclusive jurisdiction for any and all disputes arising in connection with this License Agreement or its validity. Installing and using the software signifies acceptance of these terms and conditions of the license. If you do not agree with the terms of this license, you must remove all software files from your storage devices and cease to use the software. SD Memory Card Formatter END USER LICENSE AGREEMENT NOTICE: BY DOWNLOADING, INSTALLING OR USING THE PRODUCT, THE ENTITY OR INDIVIDUAL ENTERING INTO THIS AGREEMENT AGREES TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE PRODUCT; PROMPTLY RETURN (IF APPLICABLE) THE PRODUCT TO THE SDA OR YOUR SDA DISTRIBUTOR. IF YOU REJECT THIS AGREEMENT, YOU WILL NOT ACQUIRE ANY LICENSE TO USE THE PRODUCT. This Agreement (“Agreement”) is between the entity or individual entering into this Agreement (“You”) and the SD Card Association, a California Mutual Benefit Corporation (“SDA”). “You” includes you and your employees and Affiliates. “Affiliate” is defined as an entity which controls, is controlled by, or shares common control with a party where such control may exist through ownership of securities or by contract. In addition to the restrictions imposed under this Agreement, any other usage restrictions contained in the Product installation instructions or release notes shall apply to Your use of the Product. 1. PRODUCT.　“SDA Software” means the object code version of the SD Memory Card Formatter tool program(s) provided, via delivery or electronic transmission to You. SDA Software includes computer files, enhancements, maintenance modifications, upgrades, updates, bug fixes, and error corrections made available to you by the SDA or its authorized distributor. “Documentation” means all written or graphical material provided by SDA or its authorized distributor in any medium, including any technical requirements or specifications, relating to the functionality or operation of the SDA Software. “Product” means the SDA Software and Documentation. 2 LICENSE 　Subject to the terms of this Agreement, SDA grants You a non-exclusive, non-transferable, terminable (as set forth in Section 5 below), perpetual license for each copy of the SDA Software to do the following: (a) install the SDA Software on Your hardware located at a facility owned or controlled by You in the country where You acquired the SDA Software; (b) operate the SDA Software solely for Your own internal business operations solely to format SD Cards owned by You and to use the Documentation solely for such internal use; and (c) make one copy of the SDA Software for backup and archival purposes only (collectively a “License”). 3. RESTRICTIONS:　You agree to NOT: (a) disassemble, reverse engineer, decompile, or otherwise attempt to derive any source code for the SDA Software from executable code; (b) rent, lease, network, loan, sublicense, distribute, disclose, or otherwise transfer or provide the SDA Software to any third party (including without limitation, use in a service bureau or shared environment); (c) alter, merge, modify, edit, translate, adapt in any way, or prepare any derivative work based upon the SDA Software; (d) remove, obscure, or modify any markings or any notice of proprietary rights; or(e) provide a third party with the results of any functional evaluation, or benchmarking, or performance tests, without SDA’s prior written approval. Notwithstanding the restriction in 3(a) above, if You are a European Community (“EC”) resident and required for interoperability, SDA agrees to make available to You the information necessary to achieve interoperability to the SDA Software with other programs within the meaning of the EC Directive on the Legal Protection of Computer Programs upon written request. 4. FEEDBACK.　If You send or transmit any communications or materials to SDA or any of its authorized distributors or licensors by mail, electronic mail, telephone, or otherwise, suggesting or recommending changes to the Product or any portion thereof (“Feedback”), including without limitation, improvements, new features, or functionality relating thereto, or any comments, questions, suggestions, or the like, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and to any and all Feedback, and any intellectual property rights in or to such Feedback, to the SDA. The SDA and any of its authorized distributors or licensors are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although SDA is not required to use any Feedback. 5. TERMINATION.　This Agreement shall immediately terminate if You breach any of its terms. Upon termination, for any reason, You must uninstall the SDA Software, and either certify the destruction of the SDA Software or return it to SDA. Sections 4, 6, 7, 8, 9, 10, 11, 12, and 13 shall survive termination. 6. OWNERSHIP OF THE PRODUCT.　SDA and/or its licensors retain all right, title, and interest in the SDA Product and all intellectual property, informational, industrial property, and proprietary rights therein. SDA neither grants nor otherwise transfers any rights of ownership in the SDA Product to You. SDA Products are protected by applicable copyright, trade secret, and industrial and intellectual property laws. SDA reserves any rights not expressly granted to You herein. 7. WARRANTY DISCLAIMER.　NEITHER SDA NOR ITS LICENSORS OR DISTRIBUTORS MAKE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PRODUCT. ALL IMPLIED WARRANTIES AS TO THE SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO LICENSEE. SDA NOR ITS LICENSORS OR DISTRIBUTORS WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR THAT THEIR USE WILL BE UNINTERRUPTED. THE SDA IS NOT OBLIGATED TO PROVIDE YOU WITH ANY ENHANCEMENTS, MAINTENANCE MODIFICATIONS, UPGRADES, UPDATES, BUG FIXES, OR ERROR CORRECTIONS FOR THE PRODUCT BUT MAY DO SO IN ITS SOLE DISCRETION. 8. LIMITATION OF LIABILITY.　NEITHER SDA NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR INDIRECT DAMAGES RELATED TO THIS AGREEMENT AND/OR THE PRODUCT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT, OR LOSS OF DATA, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF SDA OR ITS LICENSORS AND/OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS LICENSE FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. IN NO EVENT WILL SDA’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS (USD 100.00). ADDITIONALLY, IN NO EVENT SHALL SDA’S LICENSORS OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT. 9. INDEMNIFICATION.　You shall indemnify, defend and hold SDA and any and all of its officers, directors, employees, agents, members, consultants, distributors, and licensors (collectively, the “SDA Indemnitees”) harmless against any costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that such SDA Indemnitee suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party (“Claim”) alleging or arising out of Your use of the Products other than as permitted under this Agreement. Notwithstanding anything herein to the contrary, You shall not consent to any settlement or compromise of, or the entry of any judgment with respect to, any third-party claim without the prior written consent of SDA. 10. EXPORT CONTROLS.　You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Product or any underlying information or technology except in full compliance with all United States, foreign, and other applicable laws and regulations. 11. U.S. GOVERNMENT RESTRICTED RIGHTS.　The SDA Software under this Agreement is “commercial computer software” as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement and its successors. 12. ARBITRATION.　Any dispute between You and SDA arising out of this Agreement or the breach or alleged breach thereof, shall be determined by binding arbitration conducted in English. The arbitration shall be held in San Francisco, California, U.S.A., under the current rules of the American Arbitration Association (“AAA”). Arbitration may be conducted by one (1) attorney arbitrator by mutual agreement or by three (3) arbitrators if the parties are unable to agree on a single arbitrator within thirty (30) days of first demand for arbitration. All arbitrators are to be selected from a panel provided by AAA. In the case of a three-arbitrator panel, the chairman and one other arbitrator shall be attorneys at law, and the third arbitrator shall have a background or training in either computer law, computer science, computer engineering, or marketing of computer industry products. The arbitrator(s) shall have the authority to permit discovery, to the extent deemed appropriate by the arbitrator(s), upon request of a party. The costs of the arbitration shall be borne equally pending the arbitrator’s award. The award rendered shall be final and binding upon the parties and shall not be subject to appeal to any courts, and may be enforced in any court of competent jurisdiction. Nothing in this Agreement shall be deemed as preventing either party from seeking injunctive or other equitable relief from any court having jurisdiction over the parties and the subject matter of the dispute as necessary to protect either party’s confidential information, ownership, or any other proprietary rights. 13. MISCELLANEOUS TERMS.　The parties hereto are independent contractors. You shall abide by all local, state, federal, and international laws, rules, regulations, and orders applying to Your use of the Products. This Agreement will be governed and construed in accordance with the laws of the State of California without regard to any conflict of laws principles that would require the application of the laws of another jurisdiction. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act shall not apply to this Agreement. This Agreement constitutes the entire agreement between You and SDA and supersedes any prior or contemporaneous negotiations or agreements, whether oral, written, or displayed electronically, concerning the Product and related subject matter. No modification or waiver of any provision hereof will be effective unless made in a writing signed by both SDA and You. You may not assign or transfer this Agreement or a License to a third party without SDA’s prior written consent. Should any provision of this Agreement be invalid or unenforceable, the remainder of the provisions will remain in effect. The parties have agreed that this Agreement and the documents related thereto be drawn up in the English language. Les parties exigent que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND INTEND TO BE BOUND AS IF YOU HAD SIGNED THIS AGREEMENT IN WRITING. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, YOU WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. APPLE INC. MACOS SDK AND XCODE AGREEMENT PLEASE READ THIS MACOS SDK AND XCODE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE DEVELOPER SOFTWARE (DEFINED BELOW). BY USING THE DEVELOPER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE DEVELOPER SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE " BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE DEVELOPER SOFTWARE AND CLICK “DISAGREE”. IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor. 1. General. A. The Apple software, tools, utilities, sample or example code, documentation, interfaces, content, data, and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media or in any other form, (collectively, the "Developer Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Developer Software itself and reserve all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Developer Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. B. Title and intellectual property rights in and to any content displayed by or accessed through the Developer Software belongs 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. 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. 2. Permitted License Uses and Restrictions. A. License. Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to use the Developer Software on Apple-branded computers to develop and test application and other software. You may make only as many internal use copies of the Developer Software as reasonably necessary to use the Developer Software as permitted under this License and distribute such copies only to your employees whose job duties require them to so use the Developer Software; provided that you reproduce on each copy of the Developer Software or portion thereof, all copyright or other proprietary notices contained on the original. B. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Developer Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise expressly permitted by the terms of this License or as otherwise licensed by Apple: (i) only one user may use the Developer Software at a time, and (ii) you may not make the Developer Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, sublicense or otherwise redistribute the Developer Software or exploit any services provided by or through the Developer Software in any unauthorized way. C. No Reverse Engineering; Limitations. You may not, and you agree not to or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the Developer Software or any services provided by or through the Developer Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of the Open-Sourced Components or Sample Code). D. Sample Code. Certain portions of the Developer Software consist of sample or example code provided by Apple ("Sample Code"). You may use, reproduce, modify and redistribute such Sample Code only in accordance with the licensing terms accompanying such Sample Code or related project(s). E. QuickTime Development Software. You may use the QuickTime development software only to develop application software that is compatible with, and runs only on supported macOS and/or Windows platforms with QuickTime installed. Your software application may not interfere with the functionality of QuickTime Player or the QuickTime Plug-in, including but not limited to file type or MIME type associations that are registered to QuickTime. F. Use of System-Provided Images. The system-provided images owned by Apple and documented as such in Apple's Human Interface Guidelines for macOS and iOS ("System-Provided Images") are licensed to you solely for the purpose of developing macOS and iOS applications, respectively, using the Developer Software. Upon termination of this License, you may continue to distribute the System-Provided Images as used within software you developed using the Developer Software; however, you agree to provide to Apple, at Apple's request, a copy of any software you developed using the Developer Software that incorporates any of the System-Provided Images so Apple may determine, in its sole discretion, whether your use of the System-Provided Images complies with these terms. G. Location Services; Consents. 1. Apple may enable you to access certain location-based application programming interfaces (APIs) (e.g., Core Location) documented by Apple (“Location APIs”) through the Developer Software. Subject to these terms and conditions, you may use such APIs and services only to enable software programs you develop for use on macOS (“Applications”) to access location data (e.g. the real-time geographic location of a user’s computer) from users who consent to such access. For Applications that use Location APIs or otherwise provide location-based services, you agree that such Applications may not be designed or marketed for automatic or autonomous control of vehicle behavior, or for emergency or life-saving purposes. In addition, Applications that offer location-based services or functionality must notify and obtain consent from an individual before his or her location data is collected, transmitted or otherwise used by the Application. For Applications that use Location APIs for real-time navigation (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), you must have an end-user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. 2. You agree that neither you nor your Applications will disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the user that the user's location data is being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. If consent is denied or withdrawn, neither you nor your Applications may collect, transmit, maintain, process or utilize the user's location information or data through the Location APIs. You understand and agree that you and your Applications must comply with all applicable criminal, civil and statutory laws and regulations (including privacy, data collection and location service laws and regulations) in any jurisdictions in which your Applications may be delivered. You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, related or attributable to, or otherwise involving your Application, including but not limited to your Application’s use of the Location APIs. H. Compliance with Laws. You agree to use the Developer Software and the services 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 Developer Software or services. 3. Transfer. You may make a one-time permanent transfer of all of your license rights to the Developer Software (in its original form as provided by Apple) to another party, provided that: (a) the transfer must include all of the Developer Software, including all its component parts and this License; (b) you do not retain any copies of the Developer Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Developer Software accepts the terms and conditions of this License. You may not transfer any Developer Software that has been modified or replaced under Section 13 below. All components of the Developer Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. 4. Consent to Use of Data. A. Diagnostic and Usage Data. If you choose to allow diagnostic and usage collection, you agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Developer Software, and to verify compliance with the terms of this License. You may change your preferences for Diagnostics & Usage collection at any time by going to the Diagnostics & Usage setting on your computer and deselecting the checkbox. The Diagnostics & Usage setting is found in the Security & Privacy pane within System Preferences. Apple may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Apple’s partners and third party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you. B. Privacy Policy. At all times your information will be treated in accordance with Apple’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: http://www.apple.com/legal/privacy/. 5. Services; Mac Developer Program. A. Apple may provide access to services by or through the Developer Software for you to use. Use of these services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. If you elect to use such services in conjunction with the Developer Software, your usage of such services will be subject to those additional terms and conditions (e.g., your use of Developer IDs obtained from your Apple Developer Program account will be subject to the applicable Apple Developer Program terms for Developer IDs), but this License will continue to apply to your use of the Developer Software licensed hereunder. If you would like to submit Applications you develop to the Mac App Store, then you must apply to join the Mac Developer Program. More information about Apple’s Developer Programs is available at http://developer.apple.com/. Apple reserves the right to refuse admission to any of its Developer Programs at any time in its sole discretion. B. You agree that the services contain proprietary content, information and material that is owned by Apple and its licensors, and is protected by applicable intellectual property and other laws, and that you will not use such proprietary content, information or materials in any way whatsoever except 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. Except to the extent expressly permitted in the applicable terms for the services, You agree not to reproduce, modify, rent, lease, lend, 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 malware, or by trespass or burdening network capacity. C. In addition, services that may be accessed, linked to or displayed through the Developer Software may not be available in all languages or in all countries. Apple makes no representation that any such services would be appropriate or available for use in any particular location. Apple reserves the right to change, suspend, remove, or disable access to any services at any time. In no event will Apple be liable for the removal of or disabling of access to any such services or for any updates, maintenance, warranty, technical or other support for such services. Apple may also impose limits or other restrictions on the use of or access to the services, in any case without notice or liability. You acknowledge and agree that Apple reserves the right to revoke or remove your access to any services provided by or through the Developer Software at any time in its sole discretion. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. In addition, Apple reserves the right to terminate this License if a new version of Apple's operating system software or the Developer Software is released which is incompatible with this version of the Developer Software. Upon the termination of this License, you shall cease all use of the Developer Software and destroy all copies, full or partial, of the Developer Software. Section 2B, 2C, 4, 5B, and 6 through 13 of this License shall survive any termination. 7. Disclaimer of Warranties. A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE DEVELOPER SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE DEVELOPER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER 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 DEVELOPER 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. C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVELOPER SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DEVELOPER SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DEVELOPER SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE DEVELOPER SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE DEVELOPER SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS DEVELOPER SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES AS WELL AS OTHER APPLE PRODUCTS OR SERVICES. D. YOU FURTHER ACKNOWLEDGE THAT THE DEVELOPER 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 DEVELOPER 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. E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DEVELOPER 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 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 OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DEVELOPER SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES IN CONJUNCTION WITH THE DEVELOPER 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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Export Control. You may not use or otherwise export or re-export the Developer Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Developer Software was obtained. In particular, but without limitation, the Developer 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 Developer 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 Developer 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. 10. Government End Users. The Developer 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. 11. 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 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. 12. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Developer Software licensed hereunder 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. The parties hereto confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. 13. Third Party Acknowledgements. A. Certain components of the Developer Software, and third party open source programs included with the Developer Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Developer Software is used in accordance with the permitted uses set forth above; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Developer Software. You expressly acknowledge that if failure of or damage to Apple hardware results from modification of the Open-Sourced Components of the Developer Software, such failure or damage is excluded from the terms of the Apple hardware warranty. B. Certain software libraries and other third party software included with the Developer Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Developer Software. C. The Developer Software includes certain software licensed under the IBM Public License Version 1.0 (IPL) or the Common Public License Version 1.0 (CPL). A copy of the source code for the IPL and CPL licensed software may be found in Apple’s Open Source repository. See Apple's Open Source web site (http://www.opensource.apple.com) for information on how to obtain the source code. THE IPL AND CPL SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER APPLE, IBM NOR ANY OTHER CONTRIBUTOR TO THE IPL AND CPL SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), 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 OR DISTRIBUTION OF THE IPL AND CPL SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EA1422 8/25/2016 FAQ & Terms & Conditions Welcome to Plant Essentials. We are located in Townsville North Queensland, Australia. Shop instore at 365 Bayswater Rd Garbutt QLD 4814, or Order online we ship worldwide. Please see our about us page for trading hours and contact details. HOW TO ORDER Townsville store during business hours Online 24/7 Phone orders during weekday for pick up or shipping during business hours - phone 0744201888 SHIPPING Online orders (Australian): parcels under 500g $7.60, over 500g $9.95 (excludes special orders) express post as per quoted during checkout (note dispatch times cut off 9.30 QLD time) Phone orders (Australian) standard shipping $9.95, express not available. Pick up orders - no handling charge. Online orders (New Zealand) flat rate economy air mail $9.95 (excludes special orders) express post as per quoted during checkout (note dispatch times cut off 9.30 QLD time) Note that economy air service offers no ability to track shipment and can take up to 6 weeks to arrive. We cannot conduct an investigation into international orders not arriving until a period of time dictated to us by the shipping service. Other Non EU Online orders economy air, standard & express post as per quoted during checkout (note dispatch times cut off 9.30 QLD time) Note that economy air service offers no ability to track shipment and can take up to 6 weeks to arrive. We cannot conduct an investigation into international orders not arriving until a period of time dictated to us by the shipping service. Please note we do ship to some other countries, however we do not ship to countries of the EU. To see where we ship, ad a product to the shopping cart and the countries we ship to will be visible in the selector. PAYMENT OPTIONS Australian Online & Phone Orders: Paypal, & Credit Card (including Amex), PoliPay (you need online banking set up with your bank to use this) Australian bank deposit, money orders & cheques (3 business days clearing after we have deposited personal cheques). Online gift vouchers or reward points. Townsville Store: Cash Credit Card (Including Amex) Online gift vouchers or reward points. New Zealand Online Orders: Paypal, & Credit Card (including Amex) Online gift vouchers or reward points. Other options coming soon Other Non EU country Online Orders: Paypal, & Credit Card (including Amex) Online gift vouchers or reward points. Other options coming soon CHANGING OR ADDING TO ONLINE & PHONE ORDERS To ensure we run an efficient mail order service with the best possible prices, we are unable to alter your order once you have placed it. This includes adding items to your order, changing the payment method etc. Before proceeding to checkout please ensure you have everything in your cart you desire. If you are using a gift card, reward, discount or promo code, add it in the box above the subtotal and select "apply". Please ensure you read the product page of each product you purchase to ensure it is the product you require, and it's specifications fit your needs (ie organic, wildcraft etc) DELIVERY TIMES The Daily cut off time for ALL shipments (including express post) is 9.30am (Tuesday to Friday) Queensland time. Orders placed after that time will be dispatched the next business day. Choosing express posts does not speed this up, it only means that we ship via the express post system. We dispatch orders Tuesday to Friday excluding Public Holidays applicable to our location. Generally within 24 hours of payment. Please allow enough time (keeping in mind public holidays and weekends slow delivery) for your parcel to arrive at your address (from North Queensland, Australia). To ensure your parcel is not held up, chose the appropriate freight option... Note that we are closed between Christmas Eve & New Years Day inclusively in the store and mail order departments. Our post code is 4814... you can check how long Australia Post delivery takes here. EXTRA DELIVERY INSTRUCTIONS If you need your parcel left on your front step, or have something else the courier needs to know, please put your extra delivery instructions in your shipping address as you checkout. Australia Post has started a new system of leaving the parcel when it is safe to do so, if you do not wish this to happen, it's also a good idea to note this in the address. TRACKING MY DELIVERY Once your parcel has been dispatched to the courier, we will send you an email letting you know this has happened. Where ever possible we use trackable delivery methods to get your order to you as quickly and safely as possible. Note that International Air mail is NOT trackable. USING "MYPOST SAFE DROP" If you choose to have your parcel delivered using Safe Drop or you provide an Authority to Leave, Plant Essentials is not liable for parcels that may be stolen or damaged after delivery CUSTOMS & QUARANTINE Please be aware that Plant Essentials is not responsible for seizure, refusal, returns, duty payable or re-shipment. It is your responsibility to check your countries/states import laws & fees. WHOLESALE & STOCKIST CUSTOMERS Wholesale customers ensure you log in before shopping to ensure you receive your wholesale pricing. Note that the cart will now allow you to proceed to checkout until you have reached the wholesale minimum order amount. In store ordering is now available if you would like to select and collect instore (Please be sure to identify yourself as a wholesale customer to ensure you receive the correct pricing). REFUNDS & RETURNS AN ERROR OR BREAKAGE WITH YOUR ORDER? Oops we hope not. One of our little worker bees must have hit the clary sage hard this morning! We try very hard to check and double check your order before it leaves our little store. Never fear, if we have packed an incorrect product or size, or something is broken or faulty, please email us within 7 days with the details of the problem and we will sort it out with minimal fuss! Our aim is for you to stay a valued customer. Message us via the chat box at the bottom of the website. We do our best to pack your order correctly and carefully. Sometimes the little elves or Santa (Australia Post) slips up. I HAVE RECEIVED THE WRONG ITEM OR IT IS DAMAGED DURING SHIPPING If there is an error with your order, or a product is not as expected, please contact our mail order department on within 7 days 07 44 201 888 or admin@plantessentials.com.au . I'VE CHANGED MY MIND, OR I PURCHASED THE INCORRECT ITEM In this case we are happy to exchange the product for a credit or another product. There is a restocking fee for this service, and the cost of freight to you is not refundable for exchange. Cost of returning the item is the customers responsibility. Please contact customer service for an return authorisation number before returning items. A restocking fee of 20% on product price applies. I'VE CHANGED MY MIND, I'D LIKE A REFUND AND MY ORDER HASN'T BEEN DISPATCHED YET In this case we are happy to refund the total order including shipping, less a $10 admin fee. Call the mail order department urgently on 0744 201888 to ensure we can stop the order being packed. FAULTY PRODUCTS Major Problems - You can choose a refund or exchange if an item has a major problem. This is when the item: has a problem that would have stopped someone from buying the item if they had known about it is unsafe is significantly different from the sample or description doesn’t do what we said it would, or what you asked for and can’t be easily fixed. Minor Problems - We will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase —e.g. your receipt. Please note that in the case of electrical items our certified electrical integrity tester will check all items returned to determine if there is a fault & whether the fault is major or minor. AUSTRALIAN CONSUMER LAW STATEMENT WEBSITE INFORMATION & PRODUCT USE DISCLAIMER: Please ensure you fully read the product page of any product (be it a herb, essential oil or any other product) that you intend to purchase or use. Some herbs, essential oils & other products have contraindication information, or safe use information that should be considered during your research and due diligence, and when deciding to buy or use a product. Plant Essentials strives to keep information up to date, but does not guarantee the accuracy, reliability or currency of the information. Any errors in the information that are brought to our attention will be corrected as soon as possible. It is the customers responsibility to decide if a product is right for the intended use. If you require assistance, please open a chat at the bottom of the website to ask questions. PayPal Privacy Policy Effective Date: 5 April, 2018 This version: 18-1 Previous version: 17-3 1. Overview PayPal has developed this Privacy Policy to explain how we may collect, retain, process, share and transfer your Personal Data when you visit our Sites or use our Services. This Privacy Policy applies to your Personal Data when you visit Sites or use Services, and does not apply to online websites or services that we do not own or control, including websites or services of other PayPal Users. This Privacy Policy is designed to help you obtain information about our privacy practices and to help you understand your privacy choices when you use our Sites and Services. Please note that our Service offerings may vary by region. We have defined some terms that we use throughout the Privacy Policy. You can find the meaning of a capitalized term in the Definitions section. Please contact us if you have questions about our privacy practices that are not addressed in this Privacy Policy. 2. What Personal Data Do We Collect? The primary purpose for collecting your Personal Data is to provide you with a secure, smooth, efficient, and customised experience. We may collect information about you when you visit our Sites or use our Services, including the following: Registration and use information – When you register to use our Services by establishing an Account, we will collect Personal Data as necessary to offer and fulfill the Services you request. Depending on the Services you choose, we may require you to provide us with your name, postal address, telephone number, email address and identification information to establish an Account. We may require you to provide us with additional Personal Data as you use our Services. Transaction and experience information – When you use our Services or access our Sites, for example, to make purchases from merchants, to receive money, to process payments, or to send money to friends and family, we collect information about the transaction, as well as other information associated with the transaction such as amount sent or requested, amount paid for products or services, merchant information, including information about any funding instruments used to complete the transaction, Device Information, Technical Usage Data, and Geolocation Information. Participant information – When you use our Services or access our Sites, we collect Personal Data you provide us about the other participants associated with the transaction. Send or request money: When you send or request money through the Services, we collect Personal Data such as name, postal address, telephone number, and financial account information about the participant who is receiving money from you or sending money to you. The extent of Personal Data required about a participant may vary depending on the Services you are using to send or request money. Pay or request someone else to pay a bill: If you use our Services to pay a bill for the benefit of someone else, or if you request a User to pay a bill for you, we collect Personal Data from you about the account holder such as name, postal address, telephone number, email address, and account number of the bill that you intend to pay or request to be paid. Add value to your accounts: If you use our Services to add value to your Account or any other account you may have, or if you ask a User to add value to any of these accounts, we may collect Personal Data from you about the other party, or from the other party about you to facilitate the request. For example, if you use our Services to reload a mobile phone, or to request value be added to your mobile account, we may collect Personal Data and other information including mobile account number from the other participant. Information about your friends and contacts – It may be easier for us to help you transact with your friends and contacts if you provide Personal Data such as name, email address and telephone number about your friends and contacts while using a Service or if you connect your contact list or friend list to your Account. If you choose to connect your contact list information on your device with your Account and/or establish an account connection between a social media platform and your Account, we will collect and use your contact list or friend list information to improve your experience when you use the Services. Information that you choose to provide us to obtain additional Services or specific online Services – If you request or participate in an optional Site feature, or request enhanced Services or other elective functionality, we may collect additional information from you. We will provide you with a separate notice at the time of collection, if the use of that information differs from the uses disclosed in this Privacy Policy. Information about you if you transact as a guest – Certain limited Services are available without being required to log in to or establish an Account, also referred to as Guest Transactions. We will collect Personal Data, information about any funding instrument used to complete a Guest Transaction, Device Information, Technical Usage Data, and Geolocation Information as necessary to provide the requested Guest Transactions. If you are an Account holder and choose to make a Guest Transaction, we will collect information about the transaction and may associate it with your Account. If you are not an Account holder and choose to make a Guest Transaction, we will collect and store all information you provide and use and share such information in accordance with this Privacy Policy. Information about you from third-party sources – We obtain information from third-party sources such as merchants, data providers, and credit bureaus, where permitted by law. Other information we collect related to your use of our Sites or Services – We may collect additional information from or about you when you communicate with us, contact our customer support teams or respond to a survey. 3. Why Do We Retain Personal Data? We retain Personal Data to fulfill our legal or regulatory obligations and for our business purposes. We may retain Personal Data for longer periods than required by law if it is in our legitimate business interests and not prohibited by law. If your Account is closed, we may take steps to mask Personal Data and other information, but we reserve our ability to retain and access the data for so long as required to comply with applicable laws. We will continue to use and disclose such Personal Data in accordance with this Privacy Policy. 4. How Do We Process Personal Data? We may Process your information for the following reasons: To operate the Sites and provide the Services, including to: execute a payment, send or request money, add value to an account, or pay a bill; confirm your identity; authenticate your access to an Account; communicate with you about your Account, the Sites, the Services, or PayPal; create an account connection between your Account and a third-party account or platform; and perform creditworthiness and other financial standing checks, evaluate applications, and compare information for accuracy and verification purposes To manage our business needs, such as monitoring, analyzing, and improving the Services and the Sites’ performance and functionality. For example, we analyze User behavior and perform research about the way you use our Services. To manage risk and protect the Sites, the Services and you from fraud by verifying your identity, and helping to detect and prevent fraud and abuse of the Sites or Services. To market to you by delivering marketing materials about PayPal products and online Services and the products and services of unaffiliated businesses. We may also Process your Personal Data to tailor certain Services or Site experiences to better match our understanding of your interests. To provide personalized Services offered by PayPal on third-party websites and online services. We may use your Personal Data and other information collected in accordance with this Privacy Policy to provide a targeted display, feature or offer to you on third-party websites. We may use cookies and other tracking technologies to provide these online services and/or work with other third-parties such as advertising or analytics companies to provide these online services. To provide you with location-specific options, functionality or offers if you elect to share your Geolocation Information through the Services. We will use this information to enhance the security of the Sites and Services and provide you with location-based Services, such as advertising, search results, and other personalized content. To comply with our obligations and to enforce the terms of our Sites and Services, including to comply with all applicable laws and regulations. To make it easier for you to find and connect with others, we may use your information you have shared with the Service to suggest connections between you and people you may know. For example, we may associate information that we learn about you through your and your contacts’ use of the Services, and information you and others provide to suggest people you may know or may want to transact with through our Services. Social functionality and features designed to simplify your use of the Services with others vary by Service. To respond to your requests, for example to contact you about a question you submitted to our customer service team. 5. Do We Share Personal Data? We may share your Personal Data or other information about you with others in a variety of ways as described in this section of the Privacy Policy. We may share your Personal Data or other information for the following reasons: With other members of the PayPal corporate family: We may share your Personal Data with members of the PayPal family of entities to, among other things, provide the Services you have requested or authorized; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of PayPal products, Services, and communications. With other companies that provide services to us: We may share Personal Data with third-party service providers that perform services and functions at our direction and on our behalf. These third-party service providers may, for example, provide you with Services, verify your identity, assist in processing transactions, send you advertisements for our products and Services, or provide customer support. With other financial institutions that we have partnered with to jointly create and offer a product or service: We may share Personal Data with other financial institutions that we have partnered with to jointly create and offer a product. These financial institutions may only use this information to market and offer PayPal-related products, unless you have given consent for other uses. With the other parties to transactions when you use the Services, such as other Users, merchants, and their service providers: We may share information with the other participants to your transactions, including other Users you are sending or receiving funds from, and merchants or their service providers when you use the Services to pay for goods or services. The information includes: Personal Data necessary to facilitate the transaction; information to help other participant(s) resolve disputes and detect and prevent fraud; and aggregated data and performance analytics to help merchants better understand Users and to help merchants enhance Users’ experiences. With other third parties for our business purposes or as permitted or required by law: We may share information about you with other parties for PayPal’s business purposes or as permitted or required by law, including: if we need to do so to comply with a law, legal process or regulations; to law enforcement authorities or other government officials, or other third parties pursuant to a subpoena, a court order or other legal process or requirement applicable to PayPal or PayPal’s corporate family; if we believe, in our sole discretion, that the disclosure of Personal Data is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; to protect the vital interests of a person; to investigate violations of or enforce a user agreement or other legal terms applicable to any Service; to protect our property, Services and legal rights; to facilitate a purchase or sale of all or part of PayPal’s business; in connection with shipping and related services for purchases made using a Service; to help assess and manage risk and prevent fraud against us, our Users and fraud involving our Sites or use of our Services, including fraud that occurs at or involves our business partners, strategic ventures, or other individuals and merchants, such as eBay, Inc.; to banking partners as required by card association rules for inclusion on their list of terminated merchants; to credit reporting and collection agencies; to companies that we plan to merge with or be acquired by; and to support our audit, compliance, and corporate governance functions. With your consent: We also will share your Personal Data and other information with your consent or direction, including if you authorize an account connection with a third-party account or platform. In addition, PayPal may provide aggregated statistical data to third-parties, including other businesses and members of the public, about how, when, and why Users visit our Sites and use our Services. This data will not personally identify you or provide information about your use of the Sites or Services. We do not share your Personal Data with third parties for their marketing purposes without your consent. 6. How Do We Work with Other Services and Platforms? A significant benefit and innovation of PayPal’s Services is that you can connect your Account with a third-party account or platform. For the purposes of this Privacy Policy, an “account connection” with such a third-party is a connection you authorize or enable between your Account and a non-PayPal account, payment instrument, or platform that you lawfully control or own. When you authorize such a connection, PayPal and the third-party will exchange your Personal Data and other information directly. Examples of account connections include: linking your Account to a social media account or social messaging service; connecting your Account to a third-party data aggregation or financial services company, if you provide such company with your Account log-in credentials; or using your Account to make payments to a merchant or allowing a merchant to charge your Account. If you choose to create an account connection, we may receive information from the third-party about you and your use of the third-party’s service. For example, if you connect your Account to a social media account, we will receive Personal Data from the social media provider via the account connection. If you connect your Account to other financial accounts, directly or through a third-party service provider, we may have access to your account balance and transactional information, such as purchases and funds transfers. We will use all such information that we receive from a third-party via an account connection in a manner consistent with this Privacy Policy. Information that we share with a third-party based on an account connection will be used and disclosed in accordance with the third-party’s privacy practices. Before authorizing an account connection, you should review the privacy notice of any third-party that will gain access to your Personal Data as part of the account connection. For example, Personal Data that PayPal shares with a third-party account or platform such as a social media account may in turn be shared with certain other parties, including the general public, depending on the account’s or platform’s privacy practices. 7. How Do We Use Cookies and Tracking Technologies? When you visit our Sites, use our Services, or visit a third-party website for which we provide online Services, we and our business partners and vendors may use cookies and other tracking technologies (collectively, “Cookies”) to recognize you as a User and to customize your online experiences, the Services you use, and other online content and advertising; measure the effectiveness of promotions and perform analytics; and to mitigate risk, prevent potential fraud, and promote trust and safety across our Sites and Services. Certain aspects and features of our Services and Sites are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Sites and Services may be limited or not possible. Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not respond to DNT signals. Please review our Statement on Cookies and Tracking Technologies to learn more about how we use Cookies. 8. What Privacy Choices Are Available To You? You have choices when it comes to the privacy practices and communications described in this Privacy Policy. Many of your choices may be explained at the time you sign up for or use a Service or in the context of your use of a Site. You may be provided with instructions and prompts within the experiences as you navigate the Services. Choices Relating to the Personal Data We Collect Personal Data. You may decline to provide Personal Data when it is requested by PayPal, but certain Services or all of the Services may be unavailable to you. Location and other device-level information. The device you use to access the Sites or Services may collect information about you, including Geolocation Information and User usage data that PayPal may then collect and use. For information about your ability to restrict the collection and use of such information, please use the settings available in the device. Choices Relating to Our Use of Your Personal Data Online Tracking and Interest-Based Advertising. We work with partners and third-party service providers to serve you advertising using ad-related cookies and web beacons. You can opt-out of third-party advertising-related cookies and web beacons, in which case our advertising should not be targeted to you. You will continue to see our advertising on third party websites. For more information on third-party advertising-related cookies and interest-based advertising, and to learn how to opt-out of these practices with companies participating in industry self-regulation, please visit Your Ad Choices. Personalized Services offered by PayPal on third-party websites and services. You may manage your preferences for other PayPal Services that are personalized and offered to you on third-party websites from your Account. We may also provide you with instructions and prompts on how to manage your preferences within the Service experience. Finding and connecting with others. If available, you may manage your preferences for finding and connecting with others from your account of the Service you use. Choices Relating to Account Connections If you authorize an account connection to a third-party account or platform, such as a social media account, you may be able to manage your connection preferences from your Account or the third-party account or platform. Please refer to the privacy notice that governs the third-party platform for more information on the choices you may have. Choices Relating to Cookies You may have options available to manage your cookies preferences. For example, your browser or internet device may allow you delete, disable, or block certain cookies and other tracking technologies. You can learn more by visiting AboutCookies.org. You may choose to enable these options, but doing so may prevent you from using many of the core features and functions available on a Service or Site. You may have an option regarding the use of cookies and other tracking technologies when you use a Service or visit parts of a Site. For example, you may be asked if you want the Service or Site to “remember” certain things about you, and we will use cookies and other tracking technologies to the extent that you permit them. You can learn more about our cookies and tracking technologies by visiting the Statement on Cookies and Tracking Technologies page. Choices Relating to Your Registration and Account Information If you have an Account, you generally may review and edit Personal Data by logging in and updating the information directly or by contacting us. Contact us if you do not have an Account or if you have questions about your Account information or other Personal Data. Choices Relating to Communication Notices, Alerts and Updates from Us: Marketing: We may send you marketing content about our Sites, Services, products, products we jointly offer with financial institutions, as well as the products and services of unaffiliated third parties and members of the PayPal corporate family through various communication channels, for example, email, text, pop-ups, push notifications, and messaging applications. You may opt out of these marketing communications by following the instructions in the communications you receive. If you have an Account with us, you may also adjust your communication preferences in your Account settings. For messages sent via push notifications, you may manage your preferences in your device. Informational and Other: We will send communications to you that are required or necessary to send to Users of our Services, notifications that contain important information and other communications that you request from us. You may not opt out of receiving these communications. However, you may be able to adjust the media and format through which you receive these notices. 9. How Do We Protect Your Personal Data? We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current. We are not responsible for protecting any Personal Data that we share with a third-party based on an account connection that you have authorized. 10. Can Children Use Our Services? The Sites and Services are not directed to children under the age of 13. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Sites and Services. If we obtain actual knowledge that we have collected Personal Data from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13. 11. What Else Should You Know? Changes to This Privacy Policy. We may revise this Privacy Policy from time to time to reflect changes to our business, the Sites or Services, or applicable laws. The revised Privacy Policy will be effective as of the published effective date. If the revised version includes a substantial change, we will provide you with 30 days prior notice by posting notice of the change on the “Policy Update” page of our website. We also may notify Users of the change using email or other means. Transfers of Your Personal Data to Other Countries Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and our third-party service providers store and Process your Personal Data in the United States of America and elsewhere in the world. We will protect your information as described in this Privacy Policy if your Personal Data is transferred to other countries. By using our Sites and Services, you consent to your Personal Data being transferred to other countries, including countries that have different data protection rules than your country. We do not represent that our Sites and Services are appropriate or available in any particular jurisdiction. 12. Contact Us You may contact us if you have general questions about our Privacy Policy and practices or questions about your Account information or Personal Data. We want to make sure your questions go to the right place: Click here to contact us about your PayPal account Alternatively, you can contact us at: Email: auexecutiveescalations@paypal.com Mail: Privacy Officer PayPal Australia GPO Box 351 Sydney NSW 2001 Handling your complaints We aim to: Acknowledge receipt of all complaints within 5 business days. Resolve all complaints within 45 days. This may not be possible in all circumstances. Where we cannot resolve a complaint within 45 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint. If you are not satisfied with the outcome of your complaint, you may wish to contact the Financial Ombudsman Service for most complaints about your credit information. Alternatively, you may contact the Office of the Australian Information Commissioner. 13. Definitions Account means a PayPal member account. Device Information means data that can be automatically collected from any device used to access the Sites or Services. Such information may include, but is not limited to, your device type; your device’s network connections; your device’s name; your device’s IP address; information about your device’s web browser and the internet connection being used to access the Site or Services; Geolocation Information; information about apps downloaded to your device; and biometric data (e.g., Touch ID/Fingerprint to verify your identity). Geolocation Information means information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation. Some of our Services may ask you for permission to share your current location. Some of the Sites and Services require this information to provide a specific product or online Service. If you do not agree to our collection of the geolocation information, our Sites or Services may not function properly when you try to use them. Guest Transaction means a person’s use of the Services without logging into and/or establishing an Account. PayPal means PayPal Australia Pty Ltd ABN 93 111 195 389, AFSL 304962 and subsidiaries or affiliates. In this Privacy Policy, PayPal is sometimes referred to as “we,” “us,” or “our,” depending on the context. Personal Data means information that can be associated with an identified or identifiable person. “Personal Data” can include name, postal address (including billing and shipping addresses), telephone number, email address, payment card number, other financial account information, account number, date of birth, and government-issued credentials (e.g., driver’s licence number, national ID, or passport). Process means any method or way that we handle Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, disseminating or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data. Services means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by PayPal in connection with an Account or Guest Transaction. Sites means the websites, mobile apps, official social media platforms, or other online properties through which PayPal offers the Services and which has posted or linked to this Privacy Policy. Technical Usage Data means information we collect from your phone, computer or other device that you use to access the Sites or Services. Technical Usage Data tells us how you use the Sites and Services, such as what you have searched for and viewed on the Sites and the way you use our Services, including your IP address, statistics regarding how pages are loaded or viewed, the websites you visited before coming to the Sites and other usage and browsing information collected through Cookies. User means an individual who uses the Services or accesses the Sites and has established a relationship with PayPal (for example, by opening an Account and agreeing to the PayPal) or otherwise uses the Services as a buyer, seller or other type of participant to a transaction, including a Guest Transaction. Bolinda Digital Terms and Conditions Welcome to BorrowBox Your library has entered into an agreement with Bolinda Digital Pty Ltd ("Bolinda Digital") to provide you with access to the Bolinda Digital Service (the "Service"). This Service allows you to borrow digital content for a fixed loan period. By using the Bolinda Digital Service, you are entering into a legally binding agreement (the "Agreement") with Bolinda Digital. This Agreement and any updates, additional software licenses and all of Bolinda Digital's policies collectively constitute your Agreement with Bolinda Digital. To agree to these terms, click "Agree". If you do not agree to these terms, do not click "Agree" and do not use the Service. This Agreement allows you to use digital content under the terms and conditions set out below. 1. If you are under the age of 18 If you are under the age of 18, you should review these terms and conditions with your parent or guardian before agreeing to make sure that you or your parent or guardian understand your and their legal obligations. 2. Bolinda Digital Privacy Policy This Agreement is subject to the Bolinda Digital Privacy Policy, which is expressly incorporated into this Agreement. If you have not already read Bolinda Digital's Privacy Policy, you should do so now before using the Service. 3. Objectionable material By using the Service, you may encounter content that may be deemed offensive, indecent or objectionable. There may be no warning of this. You agree to use this Service at your sole risk and Bolinda Digital has no liability to you for content that may be found to be offensive, indecent or objectionable. 4. Your Information It is a condition of use that you provide accurate, current and complete information required to register with the Service and at other points as may be required in the course of using the Service. You must maintain and update your registration as required to keep it accurate, current and complete. Bolinda Digital may terminate your rights to use the Service if any information you provide is false, inaccurate or incomplete. You agree that Bolinda Digital may store and use your information you provide for use in maintaining your account. 5. Responsibility for your account When you become a registered user of the Service, you will be required to set up an account. You are solely responsible for maintaining the confidentiality and security of your account. You must not reveal your account information to anyone else. You must not use anyone else's account or allow anyone to use your account. You are entirely responsible for all activities that occur through your account, and you agree to immediately notify Bolinda Digital of any unauthorised use of your account or any breach of security. Bolinda Digital will not be responsible for any losses arising out of the unauthorised use of your account. 6. Digital Content License When you download Content from the Service, Bolinda Digital grants you a limited, revocable, non-exclusive, non-transferable license to download or stream the Content to your computer or one portable media player solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Content in any manner and you shall not exploit it commercially. You must not decompile, disassemble, reverse engineer, modify or create derivative works from the files. Your licence will be for the duration of the term specified. You will receive a reminder email at the end of the loan term telling you that you must delete the files. Because you are downloading files on a borrowing licence, you must delete them when the term is over. Your obligation to delete the files exists even if you do not receive the reminder email. Failure to delete files will constitute a breach of the copyright licence and Bolinda Digital may suspend your access to the Service temporarily or permanently. 7. Website Access License The Bolinda Digital Service is provided to you by your library. Bolinda Digital grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of this website and not to download (other than page caching) or modify all or any portion of it. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any use or reproduction of logos or images of Bolinda Digital, its content providers or its affiliates; any derivative use of this website 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. This website and/or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilise framing techniques to enclose any trade mark, logo or other proprietary information (including images, text, page layout or form) of Bolinda Digital, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilising our name or trade marks without our express written consent. Any unauthorised use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of this website so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Bolinda Digital or BorrowBox logo or other proprietary graphic or trade mark as part of the link without express written permission. 8. Security Content transacted through the Service incorporates active security technology that allows tracing of files back to borrowers, particularly whether files have been made available for sale or resale, or through file sharing or peer-to-peer networks. By using the Service, you consent to the tracing and identification of files by Bolinda Digital and its agents. If it is detected that you have attempted to sell or share files, your access to the Service may be suspended temporarily or permanently and you may be prosecuted for copyright infringement. You must not attempt to, or assist another person to attempt to, circumvent, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to these rules for any reason whatsoever. Bolinda Digital reserves the right to enforce usage rules with or without notice to you. You agree that you will not access the software that allows access to the Service by any other means than that which is provided by Bolinda Digital. You agree that you will not modify the software in any manner or use modified versions for any purpose including but not limited to obtaining unauthorised access to the Service. Any violation of the Service or security may result in civil or criminal liability. 9. Consent to gathering of information By using the Service, you consent to Bolinda Digital contacting your library for information about you in order to enforce any access restrictions that your library may determine. Bolinda Digital may also store and use information on your borrowing history to make recommendations that Bolinda Digital believes may be of interest to you. Bolinda Digital’s communication with your library shall always be in accordance with applicable privacy laws and the Bolinda Digital Privacy Policy. 10. Confidentiality and Data Protection Bolinda Digital will maintain confidentiality of your data and will make reasonable efforts to prevent any unauthorised use, disclosure, copying, publication or dissemination of your data, except and only to the extent necessary to properly provide the Service. Wherever Bolinda Digital determines the means and purposes of the processing of any information relating to an identifiable person who can be directly or indirectly identified, in particular by reference to an identifier such as a name or identification number (“Personal Data”), Bolinda Digital will be the ‘data controller’ (as such term is understood under applicable data protection laws) of such Personal Data, and the terms of Bolinda Digital’s Privacy Policy shall apply to such processing. Bolinda Digital will in accordance with its Privacy Policy: a) Comply at all times with applicable privacy and data protection laws; b) Take all reasonable steps to protect the security and integrity of (i) information that can be used to establish the identity of you, (ii) sensitive information about you and (iii) your Personal Data; and c) Take reasonable steps to notify you if Bolinda Digital becomes aware of any disclosure of (i) your Personal Data or other data that can be used to establish the identity of you, or (ii) sensitive information about you that is associated with you. 11. Limitation of downloads Bolinda Digital may limit your use of the Service to a particular number of downloads for a specific period, depending on the terms of its agreement with your library. The limitations, number of downloads and period duration are subject to change at any time without notice. Your use of the Service may also be limited or terminated if you breach this Agreement. 12. Uploading and posting information The Service may allow you to interact with or submit or post information, reviews, materials, links to third parties accessible and viewable by other users. You represent and agree that any use by you including any information or materials or links submitted or posted by you will be your sole responsibility and will not violate or infringe the rights of any party or breach any laws, contribute or encourage infringement or otherwise unlawful conduct or obscene objectionable material and that you have obtained all necessary rights, licenses or clearances. You also agree to provide complete, accurate information in connection with your submission or posting of information or materials on the Service. Bolinda Digital reserves the right to not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. 13. Intellectual Property You agree that the Service including but not limited to Products, graphics, user interface, audio clips, editorial content and the scripts and software used to implement the Service, contains proprietary information that is owned by Bolinda Digital and/or its licensors and is protected by applicable intellectual property laws and other laws, including but not limited to copyright. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner and you will not exploit the Service in any unauthorised way whatsoever. All copyright in and to the Service including but not limited to the compilation of content, postings, links to other resources or Internet resources and software are owned by Bolinda Digital and/or its licensors. Bolinda Digital reserves all its rights at law or in equity. Any infringement of the intellectual property rights of Bolinda Digital may subject you to civil and criminal penalties including possible monetary damages. Any trade marks, service marks or graphics and logos used in connection with the Service are owned by or registered in the name of Bolinda Digital. You must not use or copy any trade marks, logos or graphics in any way whatsoever. Bolinda Digital may provide you with limited access to download certain album cover art for eAudiobooks, subject to availability. Bolinda Digital does not warrant or endorse and does not assume and will not have any liability or responsibility for album art cover or your use of that cover art. Album cover art is provided for personal, non-commercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any third party. 14. Termination If you fail or Bolinda Digital suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Bolinda Digital with a valid credit card or with accurate and complete account registration, violation of the usage rules or any license to the software or infringement or other violation of third party rights, Bolinda Digital at its sole discretion and without notice to you may terminate this Agreement and/or your Account and you will remain liable for all amounts due under your account to and including the date of termination and/or Bolinda Digital will terminate the license to the software and/or prevent access to the Service. Bolinda Digital reserves the right to change, modify, suspend or discontinue the Service at any time with or without notice to you. Bolinda Digital will not be liable to you or to any third party should it choose to exercise those rights. Bolinda Digital reserves the right to take any appropriate steps it believes to be necessary to enforce and/verify compliance with any part of this Agreement - including Bolinda Digital's right to cooperate with any legal process relating to your use of the Service and or the Products or that your use of the Service and/Products infringes the rights of third parties. You agree that Bolinda Digital has the right to disclose any account information or data to law enforcement authorities, government official or third parties to your use of the Service and/or Products is unlawful and/or infringes a third parties rights. 15. Disclaimer and Limitation of Liability Bolinda Digital does not guarantee, represent or warrant that your use of the Service will be uninterrupted, delay-free or error free, and you agree that from time to time Bolinda Digital may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you. Bolinda Digital is also not responsible for technical failures or any failures resulting from actions of its third party content providers and technical service providers. In no case will Bolinda Digital, its directors, officers, employees, agents or licensors be liable for any direct, indirect, incidental, special or consequential damages (including any damage caused to equipment, computers or portable media players) arising out of your use of the Service or for any other claim related in any way to your use of the Service, including but not limited to loss or damage of any kind as a result of the use of any content transmitted or otherwise made available to you via the Service, even if advised of the possibility. Bolinda Digital does not represent or guarantee that the Service will be free from loss, corruption, viruses, interference, hacking or other security intrusion. Bolinda Digital disclaims any liability relating to security intrusions. Bolinda Digital does not represent or guarantee that files downloaded using the Service can be played or accessed using your equipment, that such files are complete, audible or legible or that they confirm with the descriptions on the website. While Bolinda Digital will take all reasonable precautions to protect information submitted by you, it is not liable for any loss of information, whether such loss occurs due to unauthorised access to records or hacking or due to security breaches of third party credit card merchant facility providers. By using the Service, you agree to indemnify and hold Bolinda Digital, its directors, employees, agents and licensors harmless with respect to any claim arising out of your breach of this Agreement, your use of the Service or any action taken by Bolinda Digital as a part of its investigation of a suspected violation of this Agreement, or as a result of finding that a violation has occurred. This means you cannot sue Bolinda Digital, its directors, employees, agents and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, suspend or terminate your access to the Service. 16. Bolinda Digital may make changes Bolinda Digital reserves the right at any time, or from time to time to update, revise, supplement or otherwise modify this Agreement and to impose new or additional rules to your use of the Service. All updates, revisions, modifications and new rules will be effective immediately and incorporated into this Agreement. Your continued use of the Service following changes to this Agreement are deemed to constitute your acceptance of any new and additional terms to the Agreement. If the changes are significant or may materially impact upon your rights, we will provide a more prominent notice or contact you by other means (including, for certain services, email notification of Privacy Policy changes). No Bolinda Digital employee or affiliate library has the authority to vary any of the terms in this Agreement. 17. Victorian law applies The laws of the State of Victoria, Australia govern this Agreement and your use of the Service. You agree that the exclusive jurisdiction for any claim or dispute with Bolinda Digital or your use of the Service resides in the applicable courts of the State of Victoria, Australia. Bolinda Digital Privacy Policy Bolinda Digital Pty Ltd (“Bolinda Digital”) is the provider of this online library service to your library. We provide eMedia, such as eAudiobooks and eBooks, and make them available for you to borrow and enjoy via this online library service. This Privacy Policy governs the collection, use, and disclosure of personal information that may be collected by Bolinda Digital as a data controller any time you interact with the online library service. By using the service, you are accepting the practices described in this Privacy Policy. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, and how we safeguard your personal information. Your privacy is a priority at Bolinda Digital and we go to great lengths to protect it. This Privacy Policy does not apply to, and Bolinda Digital is not responsible for, any third party websites which may be accessible through links from this website or our service. Why do we collect personal information? We collect personal information to deliver our service to you and to help us deliver a superior level of customer service. Your personal information helps us keep you up to date with the latest eMedia releases, online library service updates, special offers, and other relevant information from Bolinda Digital or our partners. We tailor this information based on your preferences, what we think you might like to hear about, and where you have indicated you would like to receive these from us. Also, via the choices you make and the feedback you may provide, we learn ways to improve our service and its delivery. This includes customising future borrowing for you and making improvements in our content so that it is presented in the most effective and secure manner for you and the device on which you are accessing our services and allows us to troubleshoot and improve our online services. We also collect personal information to respond to your enquiries; to carry out our obligations in providing the service; to facilitate our internal business operations, including to fulfil our legal or regulatory requirements; to maintain and develop our relationship with you. As well as for our business purposes, including data analysis, detecting, preventing, and responding to actual or potential fraud; illegal activities, or intellectual property infringement, to maintain and update our records including our database of contacts; and to provide you ongoing information and services. We process personal information where we believe it is reasonably necessary or appropriate to: comply with our legal obligations; respond to legal process or requests for information issued by government authorities or other third parties; or protect your, our, or others’ rights. We may not be able to do some or all of these things without your personal data. What personal information do we gather? Information you give to us: You provide information when you search, borrow, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a title; borrow a title; provide information in your My Account; communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; participate in discussion boards or other community features; provide and rate reviews; and specify a special occasion reminder. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; content of reviews and e-mails to us; and personal description and photograph in your profile. You can choose not to provide certain information, but then many of our service features will not be available to you. Automatically: Examples of the information we collect and analyse include the Internet Protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; borrowing records; the full Uniform Resource Locator (URL) clickstream to, through, and from our website, including date and time; cookie number. We may also use browser data such as cookies. During some visits we may use cookies to measure and collect session information, including page response times and length of visits to certain pages. Information from other sources: We may collect information from other sources, such as social media platforms that share information about how you interact with our social media content, and any information gathered through these channels will be governed by the privacy settings, policies, and/or procedures of the applicable social media platform, which we strongly encourage you to review. Other examples of information we receive from other sources include ID and password information from client libraries or other third parties, which we use to correct our records and account information. We obtain further detailed information from libraries only if there has been a breach of copyright or other laws. We will handle any unsolicited information in accordance with the law, including destroying or de-identifying such information where we are required to do so. How do we use cookies? Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognise your browser and store information between visits. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. If you block cookies, it may prevent the delivery of the complete service to you. What is our legal basis for usage of personal data? Where we intend to use your personal data, we rely on the following legal grounds: Performance of a contract: We may need to collect and use your personal data to enter into a contract with you for the BorrowBox service. For example, in order to deliver an audiobook to you in accordance with our Terms & Conditions. Legitimate interests: Where we consider use of your information as being (a) non-detrimental to you, (b) within your reasonable expectations, and (c) necessary for our own, or a third party’s legitimate purpose, we may use your personal data, which may include for our own direct marketing or continued communication; the prevention of fraud; our own internal administrative purposes; personalisation of the service(s) we provide to you; ensuring network and information security, including preventing unauthorised access to electronic communications networks and stopping damage to computer and electronic communication systems; and/or reporting possible criminal acts or threats to public security to a competent authority. Compliance with a legal obligation: We may be required to process your information due to legal requirements, including copyright infringement and other regulatory provisions applicable to Bolinda Digital as a provider of eMedia services. Consent: You may be asked to provide your consent in connection with certain services that we offer, for example in respect of any processing of your personal data for our marketing purposes where you are not a customer of Bolinda Digital. Where we are reliant upon your consent, you may withdraw this at any time by contacting us using the details below, however please note that we will no longer be able to provide you with the products or services that rely on having your consent. Do we share information with third parties? We share information only with referring libraries, content providers, third party service providers and security monitoring agents. We do not sell information to third parties. We do not provide information to third parties for the purposes of marketing products to you, other than to your library and only where you have indicated you would like to receive the information. We provide information only for the following purposes: To ensure compliance with the Terms and Conditions of using the Bolinda Digital Service To assist with the provision of services to you To share with law enforcement bodies or other government authority When we need to enforce or apply our terms and conditions to which you have agreed When we are under a legal, regulatory or professional obligation to do so (for example, in order to comply with a Court Order). Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the protections in any pre-existing Privacy Policy (unless, of course, the customer consents otherwise). If Bolinda Digital Pty Ltd is acquired, customer information will be one of the transferred assets. However, if you are using the Bolinda Digital Service through a community library, the information supplied by the library will not be part of the transferable business assets. Third party services: We use third party service providers to provide services that involve data processing, for example archival, web-hosting, analytics providers in connection with the operation of our online services, information technology providers, auditing, professional advisory (including legal and business consulting), mailing vendors, delivery, technology, website, research, client contact, data processing, insurance, litigation support, marketing and security services. Protection of Bolinda Digital and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Bolinda Digital, our content providers, our users, or others. This includes exchanging information with other companies and organisations for copyright infringement and fraud protection. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy. With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information. International Transfers Where you are submitting personal data from within the European Economic Area (“EEA”), such information may be transferred to other countries outside the EEA. For example, this may happen if one or more of our third-party service providers with whom we share personal data in accordance with the previous section are located, or have their servers located, outside your country or the country from which the data was provided. If we transfer your information outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected. How secure is information about me? We work to protect the security of your information in electronic or physical form, including during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information you input. Our information security policy is supported by a variety of processes and procedures, and we store information in access-controlled premises or electronic databases requiring logins and passwords. All employees, officers or contractors of Bolinda Digital and third party providers with access to confidential information are subject to access controls and confidentiality obligations, and we require our third-party data storage providers to comply with appropriate information security industry standards. Whilst we continually strive to ensure that our systems and controls are updated to reflect technological changes, the transmission of information via the internet is not completely secure, and as such we cannot guarantee the security of your data transmitted to our online services which is at your own risk. If you communicate with us using non-secure web platforms, you assume the risks that such communications between us are intercepted, not received, delayed, corrupted or are received by persons other than the intended recipient. Once we have received your information, we will take reasonable steps to use procedures and security features to try to prevent unauthorised access, modification or disclosure. You can help us to keep your information secure by ensuring that any user name or password in relation to our online services is kept strictly personal to you and not be made available to any other person. It is important for you to protect against unauthorised access to your computer. Be sure to sign off when you have finished using a shared computer. What information can I access and what rights do I have? You can update your information at any time by clicking on "My Account". You can also contact us to update or correct your information if this changes or if you believe that any information that we have collected about you is inaccurate using the details below. You are entitled to request that we provide you with a copy of all information we store in relation to your account. You can always choose not to provide information. If the information is needed for a transaction - such as to borrow an eAudiobook - then the transaction will not proceed. You can add or update certain information on pages such as "My Account". When you update information, we usually keep a copy of the prior version for our records. If you do not want to receive e-mails or other mail from us, please adjust your Customer Communication Preferences. (If you do not want to receive Conditions of Use and other legal policies from us, such as this Privacy Policy, those policies will still govern your use of BorrowBox. You will need to agree to changes to proceed.) Where you have consented to our processing of certain personal data, you can at any time withdraw such consent and/or tell us not to contact you with updates and information regarding our products and services (or part of them) either at the point such information is collected, (by leaving the relevant box unticked) or, where you do not wish us to continue to use your information in this way, by following the unsubscribe instructions on any communications sent to you. Please note that where you withdraw your consent we will no longer be able to provide you with the products or services that rely on having your consent. You can also exercise this right at any time by contacting us using the contact details at the end of this Privacy Policy. You can request: corrections or updates to your details the erasure of your personal data the portability of personal data that you have provided to us in a structured, commonly used and machine-readable format the identity and contact details of the person or organisation that has determined how and why to process your data The purpose of the processing as well as the legal basis for processing If the processing is based on the legitimate interests of Bolinda Digital or a third party, information about those interests The categories of personal data collected, stored and processed Recipient(s) or categories of recipients that the data is/will be disclosed to How long the data will be stored The source of personal data if it wasn’t collected directly from you Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing. You also have the right to object to, or request the restriction of, our use of your personal data. If you would like to exercise any of the rights set out in this section, please contact us using the details below. We may refuse to provide access where we have legitimate reasons for doing so under applicable data privacy laws, and in exceptional circumstances may charge a fee for access if the relevant legislation allows us to do so, in which case we will provide reasons for our decision. You may submit a complaint to the Information Commissioners Office, details of which can be found at https://ico.org.uk/global/contact-us. If you make a privacy complaint, we will respond to let you know how your complaint will be handled. We may ask you for further details, consult with other parties and keep records regarding your complaint. Are children allowed to use BorrowBox? Yes, but any person under the age of 18 must review this Privacy Policy and the Bolinda Digital Terms and Conditions with a parent or guardian before agreeing to make sure that they and their parent or guardian understand their legal rights and obligations. Conditions of Use, Policies, and Revisions If you choose to visit BorrowBox, your visit and any dispute over privacy is subject to this Policy and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Victoria, Australia. If you have any concern about privacy at Bolinda Digital, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Policy and the Conditions of Use will change also. We may e-mail periodic reminders of our policies and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We stand behind the promises we make, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers. Information you can access Examples of information you can access easily on BorrowBox include up-to-date information regarding recent titles accessed or borrowed; personally identifiable information (including name, e-mail, password and communications preferences); e-mail notification settings; and recommendations. Contact If you have any questions, concerns or comments about this Privacy Notice, or want to submit a written complaint about how we handle your personal data, please contact us: Our contact details are as follows: Privacy Officer at Bolinda Digital Pty Ltd Email: Privacy@bolindadigital.com EU Representative at Bolinda UK Ltd Email: Privacyeu@bolindadigital.com Instagram Terms of Use Note: Our Terms of Use are changing. You can view our previous Terms of Use here. Welcome to Instagram! These Terms of Use govern your use of Instagram and provide information about the Instagram Service, outlined below. When you create an Instagram account or use Instagram, you agree to these terms. The Instagram Service is one of the Facebook Products, provided to you by Facebook, Inc. These Terms of Use therefore constitute an agreement between you and Facebook, Inc. The Instagram Service We agree to provide you with the Instagram Service. The Service includes all of the Instagram products, features, applications, services, technologies, and software that we provide to advance Instagram's mission: To bring you closer to the people and things you love. The Service is made up of the following aspects (the Service): Offering personalized opportunities to create, connect, communicate, discover, and share. People are different. We want to strengthen your relationships through shared experiences you actually care about. So we build systems that try to understand who and what you and others care about, and use that information to help you create, find, join, and share in experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to experience Instagram, based on things you and others do on and off Instagram. Fostering a positive, inclusive, and safe environment. We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with other Facebook Companies or law enforcement. Learn more in the Data Policy. Developing and using technologies that help us consistently serve our growing community. Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service. Providing consistent and seamless experiences across other Facebook Company Products. Instagram is part of the Facebook Companies, which share technology, systems, insights, and information-including the information we have about you (learn more in the Data Policy) in order to provide services that are better, safer, and more secure. We also provide ways to interact across the Facebook Company Products that you use, and designed systems to achieve a seamless and consistent experience across the Facebook Company Products. Ensuring a stable global infrastructure for our Service. To provide our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. This infrastructure may be owned or operated by Facebook Inc., Facebook Ireland Limited, or their affiliates. Connecting you with brands, products, and services in ways you care about. We use data from Instagram and other Facebook Company Products, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on Instagram. Research and innovation. We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community. The Data Policy Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information across the Facebook Products. It also explains the many ways you can control your information, including in the Instagram Privacy and Security Settings. You must agree to the Data Policy to use Instagram. Your Commitments In return for our commitment to provide the Service, we require you to make the below commitments to us. Who Can Use Instagram. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Instagram community. You must be at least 13 years old or the minimum legal age in your country to use Instagram. You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing. We must not have previously disabled your account for violation of law or any of our policies. You must not be a convicted sex offender. How You Can't Use Instagram. Providing a safe and open Service for a broad community requires that we all do our part. You can't impersonate others or provide inaccurate information. You don't have to disclose your identity on Instagram, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission. You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose. You can't violate (or help or encourage others to violate) these Terms or our policies, including in particular the Instagram Community Guidelines, Instagram Platform Policy, and Music Guidelines. Learn how to report conduct or content in our Help Center. You can't do anything to interfere with or impair the intended operation of the Service. You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission. You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users. You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property. Learn more, including how to report content that you think infringes your intellectual property rights, here. You can't use a domain name or URL in your username without our prior written consent. Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service. We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Data Policy and visit the Instagram Help Center. Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content. You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Facebook Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Instagram. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You can learn more here about your ad settings. You agree that we can download and install updates to the Service on your device. Additional Rights We Retain If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user). If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours). You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission. You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. Content Removal and Disabling or Terminating Your Account We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our Instagram Community Guidelines), or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including our Instagram Community Guidelines), if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If we take action to disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center. Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted. Our Agreement and What Happens if We Disagree Our Agreement. Your use of music on the Service is also subject to our Music Guidelines, and your use of our API is subject to our Platform Policy. If you use certain other features or related services, additional terms will be made available and will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to the Community Payment Terms. If any of those terms conflict with this agreement, those other terms will govern. If any aspect of this agreement is unenforceable, the rest will remain in effect. Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver. We reserve all rights not expressly granted to you. Who Has Rights Under this Agreement. This agreement does not give rights to any third parties. You cannot transfer your rights or obligations under this agreement without our consent. Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. Who Is Responsible if Something Happens. Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. How We Will Handle Disputes. If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions. Unsolicited Material. We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential. Updating These Terms We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, here. Revised: April 19, 2018 Instagram Data Policy Note: Our Data Policy is changing. You can view our previous Privacy Policy here. This policy describes the information we process to support Facebook, Instagram, Messenger and other products and features offered by Facebook (Facebook Products or Products). You can find additional tools and information in the Facebook Settings and Instagram Settings. I. What kinds of information do we collect? To provide the Facebook Products, we must process information about you. The types of information we collect depend on how you use our Products. You can learn how to access and delete information we collect by visiting the Facebook Settings and Instagram Settings. Things you and others do and provide Information and content you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. It can also include what you see through features we provide, such as our camera, so we can do things like suggest masks and filters that you might like, or give you tips on using camera formats. Our systems automatically process content and communications you and others provide to analyze context and what's in them for the purposes described below. Learn more about how you can control who can see the things you share. Data with special protections: You can choose to provide information in your Facebook profile fields or Life Events about your religious views, political views, who you are "interested in," or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country. Networks and connections. We collect information about the people, Pages, accounts, hashtags and groups you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things like helping you and others find people you may know and for the other purposes listed below. Your usage. We collect information about how you use our Products, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what posts, videos and other content you view on our Products. We also collect information about how you use features like our camera. Information about transactions made on our Products. If you use our Products for purchases or other financial transactions (such as when you make a purchase in a game or make a donation), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details. Things others do and information they provide about you. We also receive and analyze content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information. Device Information As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use. For example, we use information collected about your use of our Products on your phone to better personalize the content (including ads) or features you see when you use our Products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone on a different device. Information we obtain from these devices includes: Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins. Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots). Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to Facebook Company Products associated with the same device or account). Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers. Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos. Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things like help you stream a video from your phone to your TV. Cookie data: data from cookies stored on your device, including cookie IDs and settings. Learn more about how we use cookies in the Facebook Cookies Policy and Instagram Cookies Policy. Information from partners Advertisers, app developers, and publishers can send us information through Facebook Business Tools they use, including our social plug-ins (such as the Like button), Facebook Login, our APIs and SDKs, or the Facebook pixel. These partners provide information about your activities off Facebook—including information about your device, websites you visit, purchases you make, the ads you see, and how you use their services—whether or not you have a Facebook account or are logged into Facebook. For example, a game developer could use our API to tell us what games you play, or a business could tell us about a purchase you made in its store. We also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information. Partners receive your data when you visit or use their services or through third parties they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us. Learn more about the types of partners we receive data from. To learn more about how we use cookies in connection with Facebook Business Tools, review the Facebook Cookies Policy and Instagram Cookies Policy. II. How do we use this information? We use the information we have (subject to choices you make) as described below and to provide and support the Facebook Products and related services described in the Facebook Terms and Instagram Terms. Here's how: Provide, personalize and improve our Products. We use the information we have to deliver our Products, including to personalize features and content (including your News Feed, Instagram Feed, Instagram Stories and ads) and make suggestions for you (such as groups or events you may be interested in or topics you may want to follow) on and off our Products. To create personalized Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others (including any data with special protections you choose to provide); how you use and interact with our Products; and the people, places, or things you're connected to and interested in on and off our Products. Learn more about how we use information about you to personalize your Facebook and Instagram experience, including features, content and recommendations in Facebook Products; you can also learn more about how we choose the ads that you see. Information across Facebook Products and devices: We connect information about your activities on different Facebook Products and devices to provide a more tailored and consistent experience on all Facebook Products you use, wherever you use them. For example, we can suggest that you join a group on Facebook that includes people you follow on Instagram or communicate with using Messenger. We can also make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from one Facebook Product when you sign up for an account on a different Product. Location-related information: We use location-related information-such as your current location, where you live, the places you like to go, and the businesses and people you're near-to provide, personalize and improve our Products, including ads, for you and others. Location-related information can be based on things like precise device location (if you've allowed us to collect it), IP addresses, and information from your and others' use of Facebook Products (such as check-ins or events you attend). Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features. Face recognition: If you have it turned on, we use face recognition technology to recognize you in photos, videos and camera experiences. The face-recognition templates we create may constitute data with special protections under the laws of your country. Learn more about how we use face recognition technology, or control our use of this technology in Facebook Settings. If we introduce face-recognition technology to your Instagram experience, we will let you know first, and you will have control over whether we use this technology for you. Ads and other sponsored content: We use the information we have about you-including information about your interests, actions and connections-to select and personalize ads, offers and other sponsored content that we show you. Learn more about how we select and personalize ads, and your choices over the data we use to select ads and other sponsored content for you in the Facebook Settings and Instagram Settings. Provide measurement, analytics, and other business services. We use the information we have (including your activity off our Products, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps, and services. Learn how we share information with these partners. Promote safety, integrity and security. We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of Facebook Products. For example, we use data we have to investigate suspicious activity or violations of our terms or policies, or to detect when someone needs help. To learn more, visit the Facebook Security Help Center and Instagram Security Tips. Communicate with you. We use the information we have to send you marketing communications, communicate with you about our Products, and let you know about our policies and terms. We also use your information to respond to you when you contact us. Research and innovate for social good. We use the information we have to conduct and support research and innovation on topics of general social welfare, technological advancement, public interest, health and well-being. For example, we analyze information we have about migration patterns during crises to aid relief efforts. Learn more about our research programs. III. How is this information shared? Your information is shared with others in the following ways: Sharing on Facebook Products People and accounts you share and communicate with When you share and communicate using our Products, you choose the audience for what you share. For example, when you post on Facebook, you select the audience for the post, such as a group, all of your friends, the public, or a customized list of people. Similarly, when you use Messenger or Instagram to communicate with people or businesses, those people and businesses can see the content you send. Your network can also see actions you have taken on our Products, including engagement with ads and sponsored content. We also let other accounts see who has viewed their Facebook or Instagram Stories. Public information can be seen by anyone, on or off our Products, including if they don't have an account. This includes your Instagram username; any information you share with a public audience; information in your public profile on Facebook; and content you share on a Facebook Page, public Instagram account or any other public forum, such as Facebook Marketplace. You, other people using Facebook and Instagram, and we can provide access to or send public information to anyone on or off our Products, including in other Facebook Company Products, in search results, or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products. Learn more about what information is public and how to control your visibility on Facebook and Instagram. Content others share or reshare about you You should consider who you choose to share with, because people who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot, or reshare that content to others across or off our Products, in person or in virtual reality experiences such as Facebook Spaces. Also, when you comment on someone else's post or react to their content, your comment or reaction is visible to anyone who can see the other person's content, and that person can change the audience later. People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you in a Story, mention or tag you at a location in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products, you can learn how to report the content. Information about your active status or presence on our Products. People in your networks can see signals telling them whether you are active on our Products, including whether you are currently active on Instagram, Messenger or Facebook, or when you last used our Products. Apps, websites, and third-party integrations on or using our Products. When you choose to use third-party apps, websites, or other services that use, or are integrated with, our Products, they can receive information about what you post or share. For example, when you play a game with your Facebook friends or use a Facebook Comment or Share button on a website, the game developer or website can receive information about your activities in the game or receive a comment or link that you share from the website on Facebook. Also, when you download or use such third-party services, they can access your public profile on Facebook, and any information that you share with them. Apps and websites you use may receive your list of Facebook friends if you choose to share it with them. But apps and websites you use will not be able to receive any other information about your Facebook friends from you, or information about any of your Instagram followers (although your friends and followers may, of course, choose to share this information themselves). Information collected by these third-party services is subject to their own terms and policies, not this one. Devices and operating systems providing native versions of Facebook and Instagram (i.e. where we have not developed our own first-party apps) will have access to all information you choose to share with them, including information your friends share with you, so they can provide our core functionality to you. Note: We are in the process of restricting developers’ data access even further to help prevent abuse. For example, we will remove developers' access to your Facebook and Instagram data if you haven't used their app in 3 months, and we are changing Login, so that in the next version, we will reduce the data that an app can request without app review to include only name, Instagram username and bio, profile photo and email address. Requesting any other data will require our approval. New owner. If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner. Sharing with Third-Party Partners We work with third-party partners who help us provide and improve our Products or who use Facebook Business Tools to grow their businesses, which makes it possible to operate our companies and provide free services to people around the world. We don't sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties we share information with: Partners who use our analytics services. We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their posts, listings, Pages, videos and other content on and off the Facebook Products. For example, Page admins and Instagram business profiles receive information about the number of people or accounts who viewed, reacted to, or commented on their posts, as well as aggregate demographic and other information that helps them understand interactions with their Page or account. Advertisers. We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We also confirm which Facebook ads led you to make a purchase or take an action with an advertiser. Measurement partners. We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners. Partners offering goods and services in our Products. When you subscribe to receive premium content, or buy something from a seller in our Products, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details. Vendors and service providers. We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments or conducting surveys. Researchers and academics. We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our business or mission, and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being. Law enforcement or legal requests We share information with law enforcement or in response to legal requests in the circumstances outlined below. Learn more about how you can control the information about you that you or others share with third-party partners in the Facebook Settings and Instagram Settings. IV. How do the Facebook Companies work together? Facebook and Instagram share infrastructure, systems and technology with other Facebook Companies (which include WhatsApp and Oculus) to provide an innovative, relevant, consistent and safe experience across all Facebook Company Products you use. We also process information about you across the Facebook Companies for these purposes, as permitted by applicable law and in accordance with their terms and policies. For example, we process information from WhatsApp about accounts sending spam on its service so we can take appropriate action against those accounts on Facebook, Instagram or Messenger. We also work to understand how people use and interact with Facebook Company Products, such as understanding the number of unique users on different Facebook Company Products. V. How can I manage information about me? We provide you with the ability to access, rectify, port and erase your data. Learn more in your Facebook Settings and Instagram Settings. We store data until it is no longer necessary to provide our services and Facebook Products, or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. For example, when you search for something on Facebook, you can access and delete that query from within your search history at any time, but the log of that search is deleted after 6 months. If you submit a copy of your government-issued ID for account verification purposes, we delete that copy 30 days after submission. Learn more about deletion of content you have shared and cookie data obtained through social plugins. When you delete your account, we delete things you have posted, such as your photos and status updates, and you won't be able to recover that information later. Information that others have shared about you isn't part of your account and won't be deleted. If you don't want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. To delete your account at any time, please visit the Facebook Settings and Instagram Settings. VI. How do we respond to legal requests or prevent harm? We access, preserve and share your information with regulators, law enforcement or others: In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products. Information we receive about you (including financial transaction data related to purchases made with Facebook) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations. VII. How do we operate and transfer data as part of our global services? We share information globally, both internally within the Facebook Companies, and externally with our partners and with those you connect and share with around the world in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the services set forth in the Facebook Terms and Instagram Terms and to globally operate and provide our Products to you. We utilize standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to the United States and other countries. VIII. How will we notify you of changes to this policy? We'll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Products. IX. How to contact Facebook with questions You can learn more about how privacy works on Facebook and on Instagram. If you have questions about this policy, you can contact us as described below. We may resolve disputes you have with us in connection with our privacy policies and practices through TrustArc. You can contact TrustArc through its website. You can contact us online or by mail at: Facebook, Inc. ATTN: Privacy Operations 1601 Willow Road Menlo Park, CA 94025 Date of Last Revision: April 19, 2018 Stack Exchange, Inc. Cookie Policy HOW DOES STACK OVERFLOW USE COOKIES? A cookie is a small piece of text that allows a website to recognize your device and maintain a consistent, cohesive experience throughout multiple sessions. If you use the Stack Overflow Network, both Stack Overflow and third parties will use cookies to track and monitor some of your activities on and off the Stack Overflow Network, and store and access some data about you, your browsing history, and your usage of the Stack Overflow Network. This policy describes how both Stack Overflow and other third parties use cookies both within and without the Stack Overflow Network and how you can exercise a greater degree of control over cookies. Please keep in mind that this may alter your experience with our platform, and may limit certain features (including being logged in as a user). General Browsing: We use cookies that are important for certain technical features of our website, like logging into user accounts and implementing fixes and improvements to our platform. These cookies: Enable behavior in our Products and/or Services that is tailored to the activity or preferences of a person visiting our properties Allow users to opt out of certain types of modeling, tailoring, or personalization in our products Collect information on our users’ preferences in order to create more useful products Maintain the regular business operations of our Advertising and Marketing departments (such as one-time pop-ups or “hero” displays when first visiting a site and to collect impressions and click data) Help to diagnose and correct downtime, bugs, and errors in our code to ensure that our products are operating efficiently Public Q&A Platform: We use cookies that support and enhance our public Q&A platform by enabling important functionality. Such activity includes tracking and attributing activities and badges. These cookies: Validate the authenticity of persons attempting to gain access to a specific user account Enable the core platform of community-generated questions and answers, including diagnosing and resolving issues within our Q&A platform Identify individual users to attribute activities and awards Allow you to create an optional, résumé-like listing of user achievements and employment history, comparable to a resume, which users can reference when applying for new jobs through our Talent platform or externally Talent Platform: We use cookies to run our Talent platform, allowing prospective employers to recruit for open positions and users to view and apply for those positions. These cookies: Validate the authenticity of persons attempting to gain access to a specific user account Help us to comply with legal requirements in recruitment and hiring Provide a means of contact for Talent employers (including opting out of the Talent candidate listings) Allow employers to target specific users (via searches and marketing efforts) who are likely to qualify for a given position Allow users to save searches in order to more quickly identify newly listed jobs Create a channel of direct communication between our support staff and users who request assistance Support integration of job applications and listings from our platform to third-party applicant tracking systems (ATS). Stack Overflow Teams: We use cookies for our Teams platform, enabling groups to access our secured, private Q&A solution. These cookies: Validate the identity of authorized persons and accounts to gain access to a specific Team or Company account Enable the core platform of team-generated questions and answers, including diagnosing and resolving issues within our Teams Q&A platform Identify individual users to attribute activities and awards Advertising: We use cookies to enable advertising with our third-party Partners, which in turn allows us to provide many of our services free of charge. These cookies: Customize the ad experience for our users, including tailoring job and display ads to the technologies a person has previously looked at, the communities a person has visited, and the job ads a person has already seen Allow direct communication between a 3rd party partner who hosts a promotional event with us, and users who have opted into the promotion Allow us to track when a Stack Overflow user sees or clicks on an ad or later visits a third-party website or purchases a product on a third-party website Collect impressions and click data for internal reporting and product optimization Analytics: We use cookies to compile usage activity in order to better cater our Products and Services offerings to you, and to third parties. We DO NOT share identifiable “raw” data with our clients or any third parties, however we do make high-level decisions based on aggregated data about your usage of our Products and Services. These cookies: Monitor site traffic and behavior flows of users Measure the effectiveness of on-site products Measure the effectiveness of off-site marketing campaigns and tactics WHAT INFORMATION IS COLLECTED ON ME VIA COOKIES? In general, we collect most data from you via form submission. However, there are cases when visiting our site and/or using our platforms in which we may receive certain information through the use of cookies. This data will generally not include personally identifying information about you. Unique identification tokens User preferences such as favorite tags (for anonymous users only) Third Party Cookies The use of cookies, the names of cookies, and other cookies related cookies technology may change over time and Stack Overflow will make all reasonable efforts to notify you by updating our cookies table where material changes occur and from time-to-time. Please also note that companies and other organization that sponsor pages on Stack Overflow may use cookies or other technologies to learn more about your interest in their products and services and in some cases to tailor such products and services to you. HOW DO I RESTRICT COOKIES? If you don’t want Stack Overflow to use cookies when you visit the Stack Overflow network of sites, you can opt-out of certain cookie related processing activities in your account settings page. If you opt-out of cookies, we (ironically) have to set a cookie to tell us that. Please note that Stack Overflow may not work properly and you may have diminished functionality if you opt-out of certain cookies. If you decide that you do not want cookies to be set on your device by our third-party Partners, you can adjust the settings on your internet browser and choose from the available Cookies setting to best meet your preferences. While setting options may vary from browser to browser, you can generally choose to reject some or all cookies, or instead to receive a notification when a cookie is being placed on your device. For more information, please refer to the user help information for your browser of choice. Please keep in mind that cookies may be required for certain functionalities, and by blocking these cookies, you may limit your access to certain parts or features of our sites and platforms. Finally, while cookies are set for varying durations on your device, you can manually delete them at any time. However, deleting cookies will not prevent the site from setting further cookies on your device unless you adjust the settings discussed above. Stack Exchange, Inc. Privacy Policy INTRODUCTION The Stack Overflow Network (also referred to herein as “Stack Overflow” or “Network”) is a set of related Internet sites and other applications for questions and answers, owned and operated by Stack Exchange, Inc. (“Stack Overflow”, “we” or “us”), a Delaware corporation. Stack Overflow welcomes you to the Network, the largest community of developers in the world, and invites you to participate in the community by sharing knowledge with your peers and colleagues. We have the modest goal of making the internet a better place, and as such are committed to your privacy. This privacy policy describes what information we collect on our Network and in the use of our Products and Services, how we use that information, and what options we offer you to control your personal information. We will need to process your personal information in order to offer the Network, and to offer you our Products and Services. By using the Network or (whether via the public or private Network, collectively the “Terms of Service”), or purchasing our Products or Services, you confirm that you have read and understood the Terms of Service and this privacy policy (“Privacy Policy”) including how and why we use your information and that your use of the Network is subject to the applicable Terms of Service and this Privacy Policy. If you do not want us to collect or process your personal information as described herein, you have several choices including limiting the information we collect on you, or not using the Network, or our Products and Services. By using the Network or purchasing our Products and Services, you acknowledge that Stack Overflow will use your information in the United States, the United Kingdom, and Germany as well as any other country where Stack Overflow operates. This privacy policy has been updated to comply with the EU’s General Data Protection Regulation (GDPR) and this policy describes how we protect personal information that is transferred outside of the EU. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to countries to which we are permitted by law to transfer personal information and we will continue to ensure that your personal information is appropriately safeguarded. HOW WE COLLECT INFORMATION ON YOU In the course of providing you access to the Network, as well as Products and Services, Stack Overflow collects and receives personal information in a few ways. Often, you can choose what information to provide, but sometimes we require personal information from you to carry out certain activities such as account verification. This section details the ways in which we collect information from you and how that information is received. Account Registration Although the Network provides for anonymous and pseudonymous participation, in some instances in order to use certain Products or Services, we require account registration. This requires a name associated with your account, an email address at which we can contact you, and in some cases, additional information including, a contact address, a billing address, and a password to help secure your personal information. Profile Information When completing a public “profile” be it for use of the Network or our Products and Services, we may require you to share certain personally identifying information or sensitive information in required and optional profile fields. The name associated with your account, which you may review and change in your account settings, as well as reputation points are publicly displayed and connected to your activity on the Stack Overflow Network and via certain Products and Services such as our Talent and Teams platforms. Other profile information may also be publicly displayed if you choose to complete certain elective components of the Account Registration options including, e.g., your Developer Story, display picture, affiliated role and company, your location and your preferred technologies (javascript, swift, sql-server, etc.), and some information is publicly displayed and required, such as how long you have been a member. Similarly, you may share additional information that is not required but will be displayed publicly at your election. If you are using the private Network (e.g., Stack Overflow for Teams), your account settings including, name, affiliated role and company, and other information may be shared with your private Network Team members designated as authorized users of your private Network account. While some of the public and private Network profile information is required, much of it is within your control as we describe herein and can be modified, updated, and restricted by you in your Email Settings. Information Collected Automatically Stack Overflow receives and records information from your browser or mobile device when you visit the Network or use the Apps, such as your Internet Protocol (IP) address or unique device identifier. Cookies and data about which pages you visit on our Network allow us to operate and optimize the Products and Services we provide to you. This information is stored in secure logs and is collected automatically. We may combine this browser information with other information we collect about you. This information is used to keep the Products and Services secure, analyze and understand how our Products and Services are used, optimize such usage, provide advertising across the Network as well as certain Products and Services to personalize your experience, and to help connect you with potential job opportunities in the case of our recruiting Products and Services. Location Information When you use the Stack Overflow Network, and certain of our Products and Services, we collect location information about you including your IP address, your location, browser information, and how you came to the Stack Overflow Network. This is the case for individuals who have registered for an account, and non-members who engage with the Stack Overflow Network by visiting our website(s) but who have not completed an account registration. This information is collected for various purposes, including advertising, analytics and to serve content as it relates to certain Products or Services (e.g., Talent), as well as to provide you with localized content, recommendations, and marketing. You may revoke our permission to collect some of this data, including your location and browser information through your Account Settings, but this may limit functionality in some cases. Certain location information we collect is required for security and site functionality. We share this information with certain third-parties (e.g., talent recruiters, payment processors, and advertising providers) in order to provide you with our Products and Services. Information from Third Parties We may share personal information with third parties who provide services to Stack Overflow, such as payment processors, email delivery services, and advertising providers. Additionally, to improve user experience, we offer single sign-on solutions for account login and these third parties (including Facebook and Google) may receive information from these services when you elect to use them. When Stack Overflow shares your personal information and other collected information with third party service providers, we require that they use your information only for the purpose of providing services to us and that their terms are consistent with this privacy policy. Advertising and Marketing Partners When you register for an account, and when you interact with Stack Overflow, we and authorized third parties place cookies on you and your account activity as described in more detail within our Cookies Policy. We use this information to serve you certain advertising content. Similarly, we market our Products and Services to you and communicate important information and product opportunities to you. If you do not wish to receive direct marketing communications from us, you can tell us and remove yourself from our marketing communications via the unsubscribe and opt out options in our email communications and your Account Settings. If you do not wish to receive advertising promotions, you may restrict such activities in your Account Settings, but you should know that by doing so, you may reduce some functionality and you may not have access to certain features within our Products and Services (e.g., job recommendations on our Talent platform). For more information on how to control your account settings or to opt out of direct marketing campaigns, please visit your Email Settings. Analytics Information Stack Overflow uses data analytics to ensure site functionality and to optimize our Product and Service offerings to you. We use web browser and mobile analytics to allow us to understand Network and Apps functionality. In doing so, we record information including, for example how often you visit the Network, how often you contribute content, Network and Apps performance data, errors and debugging information, and the type of activity you engage in while on the Network or in your use of our Products and Services. We may on occasion share this information with third parties for research or product and services optimization. Billing Information For Products and Services requiring payment, we collect a billing name, phone number, and email address. We also collect a billing and shipping address for invoicing purposes. If you elect to pay by credit card, Stack Overflow may engage a third party to securely process your payment. All payment processing is done through a PCI DSS compliant third party. If customers are paying by a credit card, their card details are vaulted through a third party payment gateway. Stack Overflow will store an encrypted token along with the last four digits of the credit card and the expiration month and year of the card and will not store or retain any other billing information about you. WHAT INFORMATION WE COLLECT ON YOU This section describes in further detail the information we collect on you and how we use that information broken down by our Products and Services offerings. Public Network (Questions and Answers Content) The Public Question and Answer Network (“public Network”) allows individual users to engage in a community to share their knowledge and expertise, and to acquire knowledge and expertise. It is community-moderated, and the content in the public Network is . . . public. To provide an optimal community experience, and to ensure Network security, we collect certain personal information. We collect information such as your username, password, email address, IP address (collected at each site visit). This information is also used to identify individual users to the public Network and to award activities and attribute them to you. Your username and additional content you provide including your profile picture, question and answer content, and your reputation are visible publicly. Other limited information is visible to moderators, who have elevated access privileges, and may access content including your posts. For more information about moderators and their role in the Stack Overflow Network, please visit: /help/site-moderators. In addition, when you choose to use certain features such as our chat or support features, we collect a record of your communications with us and other third parties that are accessible to chat participants and certain authorized third parties. Other account information and usage information including your IP address and browser data may be used for diagnosis, security and Product and Service optimization. Please be aware that when using the Public Question and Answer Network, you cannot revoke permission for Stack Overflow to publish and to allow others to have derivative rights to such public content once it is made public. The content you contribute on the public network is public, in perpetuity, and Stack Overflow loses direct control over such content when it is published on the open internet. This also means that if you post personal information about yourself, you do so at your own risk, including the risk of abandoning any privacy rights you had in such information. Additionally, from time to time, Stack Overflow makes such public content available via compilation via the Creative Commons Data Dump and by providing public content to the Stack Overflow Network, you should be aware that such content, once public, cannot often be removed from public view even if it is removed from the Stack Overflow network and our servers. Talent and Jobs The Stack Overflow Talent platform allows for companies looking to hire and those seeking job opportunities to connect with each other and to engage in new employment opportunities. To optimize the recruitment experience, and to connect job seekers with jobs, we collect certain personal information on you the account holder (or account unregistered job seeker), and on the company and its authorized recruiters. Whether you are a recruiter seeking to hire on our Talent platform, or a registered account holder using our Jobs platform while seeking employment opportunities, we collect certain account registration information on you. For job seekers on the Jobs platform, we collect your name, location, email and resume (where applicable) along with certain optional information including your phone number and a cover letter (where applicable). For company authorized users using our Talent Platform to recruit developers, we collect certain account registration information on you including your name, email, and affiliated company. For job seekers who chose to participate in our Jobs platform your public profile can be observed and collected by those looking to hire you. For company authorized users your profiles are visible to authorized users of the company account and your contact details are visible to job seekers via direct messaging on the Talent platform. The information we collect on you as a job seeker is also used by Stack Overflow to customize job recommendations. You may additionally opt-in to specific features that rely on personal information. For example, you may elect to provide personal information in your Developer Story which collects certain CV-like information and achievements including employment history which may be used for recruiting purposes. Advertising Products Stack Overflow partners with third parties to display advertisements on our public Network and within our Talent Platform. These partnerships provide third parties access to the developer community to promote themselves or services and to provide you with visibility into companies and third parties seeking to recruit you for employment opportunities, and for other purposes. In providing this opportunity, Stack Overflow and its third party partners may collect and use your personal information to tailor your advertising experience to suit your interests, skills, as well as to monitor your account activity in order to optimize our Products and Services. We seek to limit what information advertisers and similar third parties have access to, as well as to ensure that your user experience on the public and private Stack Overflow network is not overwhelmed by advertising initiatives. However, our advertising products and services require us to collect certain personal and non-personal information on you, which includes: Data from advertising technologies like cookies, web beacons, pixels, ad tags, and browser/device identifiers Information you have provided to us directly including profile information, your Developer Story, and in limited instances your job history Usage analytics including your visits to the Network, browsing and search history Information from our advertising partners (e.g., device type and location) Stack Overflow for Teams Stack Overflow for Teams allows you to share private content via authorized closed communities. When creating or joining a Team, we collect account registration information on you the Entity and you the individual. On behalf of the Entity, we collect Company or Entity name, Team Representative name, the names of authorized users, and you may elect to provide a Company or Team logo, trademark, or photo for account association purposes. As a participant in Stack Overflow for Teams, we require you to create an individual account on our public Network and we associate this account registration with your Team for account security purposes and to verify your identity. Account registration information as well as company or team affiliation information is displayed to authorized users of your Team. In addition to account registration and company or team affiliation information, Stack Overflow collects certain application metadata for the purposes of maintaining and enhancing the Stack Overflow for Team product and related services we provide. This metadata is only made available to Stack Overflow authorized personnel and in some cases authorized third parties under a duty of confidentiality. Any content you provide in the course of your use of the Stack Overflow for Teams product is shared privately with authorized users of your Team, and may include private questions and answers, votes, source code, and other sensitive data. Our collection of such content is solely to provide the Products and Services, and is provided pursuant to our private Network Terms. Stack Overflow personnel may not access such content except to the extent as may be required in response to a support request with your explicit permission, or when required for security or maintenance of the product or services. In such cases, Stack Overflow personnel will only access the minimum content necessary to resolve the issue and in accordance with the private Network Terms. Enterprise Our Enterprise level platform is a privately hosted Question and Answer forum for large corporate clientele. The collection of personal data is limited to account registration information and usage analytics for product optimization. For additional information regarding the collection and processing of your Enterprise offering, please contact your account representative. Developer Survey As the world’s largest developer community, Stack Overflow annually publishes a Developer Survey to provide key insights into the developer community, including demographic and certain personal information. Your participation in the Developer Survey as well as any other Stack Overflow survey is entirely voluntary. In order to provide meaningful insights into the developer community, Stack Overflow may collect sensitive data about you, including, but not limited to your gender, race, sexual orientation, immigration status, and your location. We consider this data to be among our most sensitive, and have taken elevated measures to protect such data as well as to de-identify your name and other personal information from such data. We restrict such data within Stack Overflow on a privileged basis to only those that need to see it and while we may share your personal information with certain third parties such as researchers, we do so only after imposing contractual obligations of confidentiality on such third parties and only where absolutely necessary for limited research purposes. When we publish the Developer Survey, it is published as a compilation of anonymized data, which means that we take every effort to ensure that your information is understood in a statistical narrative decoupled from your personal identity. If you have any questions concerning the Developer Survey and our security measures to protect your sensitive personal data, please contact us at: privacy (at) stackoverflow (dot) com. YOUR CHOICE AND CONTROL OF THE INFORMATION WE COLLECT ON YOU Privacy is a guiding principle of all Stack Overflow Products and Services and we value your privacy. To this end, we provide you with the ability to control how your information is stored, and what information is collected. You may change or correct your account settings, and choose not to share certain information by creating a pseudonymous account. Additionally, much of the data we collect is voluntary and your choice entirely to provide us or not. You may also remove certain optional information that you no longer wish to be publicly displayed, such as your photo, or job history. And of course, should you wish, you may also request the permanent deletion of your account, in which case all personal information collected on you will be removed from our servers and encrypted (except, in some cases your IP address required for security purposes, site maintenance, and spam protection). We also provide you additional data control options, created by the GDPR, but provided to the Stack Overflow community regardless of geographic location with respect to your information, including data access and portability (including the right to obtain and download a copy of the personal data you provided to Stack Overflow), data correction (the ability to update the personal data we collect and display on you, in many cases via your account settings), data deletion (where Stack Overflow will delete personal information stored on you, which we are not required by necessity to maintain), and the ability to have us stop processing your personal data (with certain exceptions as may be necessary). For more information on these choices you have over how we collect and store your personal data please visit our GDPR page. Please also be aware that in order to provide some of these data choices to you, we may need to first verify your identity. We will make reasonable efforts to verify your identity, however if we are unable to do so, we reserve the right to refuse such a request in keeping with data privacy and information security principles. You may additionally control the receipt of certain marketing and advertising communications from Stack Overflow. Some messages that we send are required, and related to our legal obligations, or service related and mandatory. Other messages, like marketing and advertising communications are provided by us to let you know how you can continue to share, learn, and build your knowledge within the Stack Overflow community, and are voluntary. We provide you with the opportunity to control which voluntary messages you would like to receive in your Email Settings. COOKIES In order to provide the Stack Overflow Network along with the Products and Services described in this policy, we may place cookies on you as well as partner with third parties including advertising partners, who may use cookies or other similar technologies to provide you with advertising based on your browsing activities and interests. Please see our Cookies Policy for additional information on how we use cookies and what third party cookies we permit. DATA PROCESSING DISCLOSURES When you access the Stack Overflow Network and use the Products and Services we offer, we collect, display, store, share, transmit, and process your information in the manner described in this policy. In order to carry out these activities, Stack Overflow may rely on a number of legal bases in order to process your personal data, including where: necessary to perform the contractual obligations in our Terms of Service and in order to provide the Products and Services to you necessary for a third party’s, or our, legitimate interests necessary to comply with a legal obligation or to defend legal claims necessary to protect the public interest or vital interest of others you have expressly made information public you have consented to the processing, which may be revoked at any time Where we process your information on the basis of legitimate interests, we do so in order to: Secure your Personal Data and Information All records containing personal or financial information are considered to be proprietary and are afforded confidential treatment at all times. Stack Overflow is committed to the safety and security of your personal data and the information that you share with us and with the public. We treat your personal safety and safety from harassment as top organizational priorities. At Stack Overflow we consider it necessary to pursue these legitimate interests in order to keep our community, you and your information safe from spam, harassment, intellectual property infringement, identity theft, and the scraping and unlawful collection of your information. Provide and Optimize Products and Services We use your information to provide and improve our Products and Services, for identification verification, to provide support, for online and offline marketing including through third party tools such as Google Analytics, and for general research and analytics reporting. In doing so, we may learn which of our Products and Services you are using most, what you’re interested in, and to better enable you to use and access our Products and Services. As a core part of our business, Stack Overflow has a legitimate interest in enabling and customizing your experience of our Product and Services offerings. Engage in Commercial Transactions As part of providing our core Products and Services, Stack Overflow may charge you for the use of some Products and Services, or certain features within these Products and Services. In order to process your payment, and to secure your financial information, we may facilitate the sharing of your information with third parties. We share your information only with third parties who have met strict security standards and consider the secure processing of your financial information to be a strict and legitimate business necessity. Comply with Regulatory and Legal Obligations Stack Overflow has a legitimate interest in complying with certain legal obligations and interests which, from time to time, may require the disclosure of your personal information. Stack Overflow will not disclose your personal information to legal authorities except where such disclosure is by lawful request, including to meet legitimate national security or law enforcement demands (including a subpoena, court order, or other lawful legal demand by a legal authority with lawful jurisdiction). In some cases, we may also release your personal information to defend our legitimate legal interests. We consider our obligation to protect the Stack Overflow community from imminent physical harm to be both a legitimate business interest as well as to be within the public interest and may disclose your personal information if we believe you or another individual may be in imminent danger of harm to yourself or to another. Marketing and Product Communications From time to time, Stack Overflow may communicate with you about commercial and other Product and Services offerings. In doing so, we provide you with an opportunity to opt-out of such messages at any time you choose via your account settings. Stack Overflow will not sell your personal information to enhance our marketing opportunities or profitability (except as may relate to a corporate event such as a sale or merger), and as we are committed to preventing spam, our direct marketing efforts are limited in scope and frequency. We engage in such activities as a legitimate business interest in order to promote key Products and Service offerings and provide you with every opportunity to unsubscribe from such communications or to further limit their scope and frequency. In short, while we want to communicate some key commercial communications with you and have determined it to be a legitimate interest for us to be able to do so, you have the final say in whether or not you would like to receive such commercial communications from us. You can review or change your permissions in your Email Settings. Core Business Operations Stack Overflow may engage with third parties in business transactions including the buying and selling of assets, the auditing of our business practices and financials, and to engage in business development opportunities. These core activities may involve the processing and/or disclosure of some limited personal information which may be necessary and within our legitimate interests to develop the Stack Overflow brand and business. If we transfer any personal information in pursuing such a business transaction, we will always ensure that strict confidentiality measures are in place to protect your privacy interests. DATA TRANSFERS Stack Overflow is a global community and as such, you may access the Stack Overflow Network from most anywhere in the world, and are subject to the local laws of your jurisdiction. By accessing the Stack Overflow Network and engaging with our Products and Services, you acknowledge that your personal data may be collected and transferred from your local jurisdiction (including member states to the European Union) to the United States. Where Stack Overflow transfers your personal data from your local jurisdiction (including member states to the European Union) we rely on certain lawful transfer mechanisms to do so, including the following lawful bases for such transfers: Privacy Shield Stack Overflow complies with the EU - US Privacy Shield Framework and Swiss - US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union and Switzerland to the United States. Stack Overflow has certified (note: certification under legal name Stack Exchange, Inc.) to the Department of Commerce that it adheres to the Privacy Shield Principles including onward transfer principles as amended by the GDPR where applicable. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. Covered entities include Stack Exchange, Inc., Stack Exchange, Ltd., and Stack Overflow GmbH. Stack Exchange is subject to the investigatory and enforcement powers of the Federal Trade Commission / Department of Transportation. Stack Overflow has further committed to refer unresolved Privacy Shield complaints to the PrivacyTrust Shield Program, an alternative dispute resolution provider located in the United Kingdom. If you do not receive timely acknowledgement of your complaint from Stack Overflow, or if we have not addressed your concern to your satisfaction, please contact us: privacy (at) stackoverflow (dot) com or visit https://www.privacytrust.com/drs/stackexchange or at the contact information provided below. Standard Contractual Clauses The European Commission has adopted standard contractual clauses (also referred to as model clauses), which provide safeguards to protect the transfer of personal information outside of the European Union. We may use these standard contractual clauses when transferring personal information outside of the European Union. You may review and request a copy of such standard contractual clauses as used by Stack Overflow by contacting us at legal (at) stackoverflow (dot) com. OUR ONGOING COMMITMENT TO DATA SECURITY Security is important to us and we know it is important to you. Stack Overflow follows generally accepted standards to protect your personal information when processing, transferring, and storing your personal information including Transport Layer Security (“TLS”), by restricting your personal data when we do not need to access it and by keeping your personal data only as necessary to perform our legitimate business interests. As the data subject, you too have an important role to play in helping us protect your personal information. We encourage you to protect yourself against unauthorized access to your personal information by choosing a password carefully and in accordance with industry best standards. Do not share your password with anyone you do not trust, and make sure your computer accesses Stack Overflow via a secure network and that you do not leave your personal information vulnerable to hackers and other bad actors by leaving your computer unattended or by failing to logout of your account when you have ended your session activity. DIRECT MARKETING OPT-OUT You may opt-out of receiving Stack Overflow email marketing materials by using the unsubscribe link in these communications or by changing your Email Settings. PRIVACY POLICY AMENDMENTS We may amend or update this policy from time to time, and will notify you of any material changes to this policy. Previous versions of this privacy policy are available upon request. CONTACT US General Contact Information Privacy Officer Adam Francoeur, Corporate Counsel, 110 William Street, Floor 28, New York, NY 10038, privacy (at) stackoverflow (dot) com, phone: 212-232-8280 Privacy Shield Privacy Trust, Communications House, 26 York Street, London, W1U 6PZ EU Representative Mary Croskery, People Operations Partner, 2nd Floor, Bentima House, 168-172 Old Street, London EC1V 9BP, privacy (at) stackoverflow (dot) com +44 (0) 20 3349 0864 Last update: May 21, 2018 Public Network Terms of Service Public Network Terms Contracts are Binding and Legally Enforcable – Please Read! Age Eligibility Access to the Public Network User Obligations Content Permissions, Restrictions, and Creative Commons Licensing Disclaimer of Warranties Indemnification Limitation of Liability General Provisions The Stack Overflow Network (also referred to herein as "Stack Overflow" or "Network") is a set of related Internet sites and other applications for questions and answers, owned and operated by Stack Exchange, Inc. ("Stack Overflow", "we" or "us"), a Delaware corporation. Stack Overflow welcomes you to the Network, the largest community of developers in the world, and invites you to participate in the community by sharing knowledge with your peers and colleagues. Like all communities, we ask that you participate in a manner that respects your fellow community members. To that end, we provide you with these terms of service to advise you of the legal obligations you assume when you engage with the Stack Overflow community or otherwise access or use the public Network or any services provided on the public Network (collectively, "Services"). These terms govern the use of the public Network (the "Public Network Terms"). To the extent you are accessing or using the private Network on behalf of a Company or Team, including without limitation by registering for an account on behalf of a Company or Team, your use of the private Network is governed by the Private Network Terms. 1. Public Network Terms Please read these Public Network Terms carefully before accessing or using the public Network. These Public Network Terms constitute an agreement between Stack Overflow and you and governs your permitted use of the public Network ONLY, including any Services or Products that are part of the public Network (e.g., the private Network). By accessing or using the Services or the public Network in any manner, including without limitation by visiting or browsing the public Network or registering for an account on the Network, you affirm that you have read, understand, and agree to be bound by these Public Network Terms, as well as the Acceptable Use Policy and Privacy Policy. Stack Overflow reserves the right, at its discretion, to modify these Public Network Terms at any time by posting revised Public Network Terms on the public Network and by providing notice via e-mail, where possible, or on the public Network. You shall be responsible for reviewing and becoming familiar with any such modifications. Your access to or use of the Services or public Network following such modification constitutes your acceptance of the terms and conditions of these Public Network Terms as modified. To reiterate, and for clarity, these Public Network Terms apply to all who access or use the Services or public Network, including without limitation users who contribute content, information, and other materials or services, registered or otherwise. PLEASE BE AWARE THAT BY USING THE PUBLIC NETWORK, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION TITLED "MANDATORY ARBITRATION" BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 2. Contracts are Binding and Legally Enforceable -- Please Read! As stated above, these Public Network Terms constitute an agreement between Stack Overflow and you and governs your use of the public Network. These Public Network Terms do NOT govern the use of our Talent, Enterprise and other Stack Overflow products and services that are not part of the public Network. In the event of any conflict between the terms and conditions of these Public Network Terms and any such service or licensing agreements, the terms and conditions of the Public Network Terms shall prevail. 3. Age Eligibility You must be at least 13 years old to access or use the Network or Services, including without limitation to complete a Stack Overflow account registration. By accessing or using the Services or the Network in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on the Services or Network (including, for example, a name, address, telephone number or email address). If you are located within the European Union, you must be at least 16 years old to access or use the Network or Services, including without limitation to complete a Stack Overflow Account Registration. By accessing or using the Services or the Network in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on the Services or Network (including, for example, a name, address, telephone number or email address). 4. Access to the Public Network Any user of the public Network is welcome to participate in community discussions, to answer questions, and to share their hard earned knowledge with public Network community participants, provided that they comply with the obligations set forth in these Public Network Terms, and to the extent that use of the public Network does not conflict with the applicable laws, rules and regulations of the user’s jurisdiction. Stack Overflow reserves the right to refuse, suspend or terminate your access to the public Network if it determines, in its sole discretion, that you have in any way violated these Public Network Terms or are otherwise ineligible to access or use the Network or Services. If your actions are determined by us to violate these Public Network Terms, Stack Overflow may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in Stack Overflow’s sole discretion), then Stack Overflow may revoke your rights to the Network. You are solely responsible for ensuring that these Public Network Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the Network or any Services is revoked where these Public Network Terms or use of the Network or any Services is prohibited or conflicts with any applicable law, rule or regulation. Stack Overflow will use reasonable efforts to make the public Network available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime. 5. User Obligations To access some of the public Network features you will need to register for an account as an individual and consent to these Public Network Terms. If you do not consent to these Public Network Terms, Stack Overflow reserves the right to refuse, suspend or terminate your access to the public Network. You are solely responsible for ensuring that your account registration is complete and remains up to date. You have the right to discontinue use of, or terminate, your account whenever you like, and subject to our Privacy Policy, control the use and sharing of your account information. Please note that any content or information you share publicly is governed by the terms described below in the section titled "Public Content Permissions, Restrictions, and Creative Commons Licensing," and you should be aware that once you place content in the public sphere, you willingly give up some rights and control over such content. Stack Overflow strongly encourages you to review our Privacy Policy, which explains how we will handle, process, and use your personal data, and with whom, and how we will share this data. Stack Overflow is a community and we expect you to treat each member of the Stack Overflow community with respect. Whether a community member is asking their first question, or is a reputation superstar, we respect you and welcome you, but we also require you to be kind to one another. To prevent bad actors from creating a negative community experience, we have outlined what we believe to be common sense rules for community participation and reserve the right to pause or terminate your account if you engage in disruptive, abusive, or nefarious behavior outside of Stack Overflow’s Acceptable Use Policy, which is hereby incorporated into these Public Network Terms. You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Network or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the Services and Network. Some premium or additional features of Stack Overflow (including without limitation Stack Overflow for Teams) may require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event Stack Overflow charges for features you will be clearly notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of Stack Overflow. 6. Content Permissions, Restrictions, and Creative Commons Licensing Stack Overflow Content All materials displayed or performed on the public Network, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively "Network Content") (other than Network Content posted by individual "Subscriber Content") are the property of Stack Overflow and/or third parties and are protected by United States and international copyright laws ("Stack Overflow Content"). The Stack Overflow API shall be used solely pursuant to the terms of the API Terms of Use. All trademarks, service marks, and trade names are proprietary to Stack Overflow and/or third parties and use of the Network means you agree to abide by all copyright notices, information, and restrictions contained in any Network Content accessed through the Services. The Network is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international covenants, and other copyright laws. Other than as expressly set forth in these Public Network Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the Network Content, software, materials, or Services in whole or in part. You may download or copy the public Network Content, and other items displayed on the public Network for download or personal use provided that you maintain all copyright and other notices contained in such Public Content. From time to time, Stack Overflow may make available compilations of all the Subscriber Content on the public Network (the "Creative Commons Data Dump"). The Creative Commons Data Dump is licensed under the Creative Commons CC-BY-SA license. By downloading the Creative Commons Data Dump, you agree to be bound by the terms of that license. Any other downloading, copying, or storing of any public Network Content (other than Subscriber Content or content made available via the Stack Overflow API) for other than personal, noncommercial use is expressly prohibited without prior written permission from Stack Overflow or from the copyright holder identified in the copyright notice per the Creative Commons License. In the event you download software from the public Network (other than Subscriber Content or content made available by the Stack Overflow API) the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the "Software") is licensed to you by Stack Overflow or third party licensors for your personal, noncommercial use, and no title to the Software shall transfer to you. Stack Overflow or third party licensors retain full and complete title to the Software and all intellectual property rights therein. Subscriber Content You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (collectively, "Content") that you provide to the public Network (collectively, "Subscriber Content"), is perpetually and irrevocably licensed to Stack Overflow on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC-BY-SA), and you grant Stack Overflow the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Subscriber Content, even if such Subscriber Content has been contributed and subsequently removed by you as reasonably necessary to, for example (without limitation): Provide, maintain, and update the public Network Process lawful requests from law enforcement agencies and government agencies Prevent and address security incidents and data security features, support features, and to provide technical assistance as it may be required Aggregate data to provide product optimization This means that you cannot revoke permission for Stack Overflow to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. The CC-BY-SA Creative Commons license terms are explained in further detail by Creative Commons, but you should be aware that all Public Content you contribute is available for public copy and redistribution, and all such Public Content must have appropriate attribution. As stated above, by agreeing to these Public Network Terms you also agree to be bound by the terms and conditions of the Acceptable Use Policy incorporated herein, and hereby acknowledge and agree that any and all Public Content you provide to the public Network is governed by the Acceptable Use Policy. 7. Disclaimer of Warranties TO THE MAXIMUM EXTENT ALLOWED BY LAW, STACK OVERFLOW DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. STACK EXCHANGE PROVIDES NO GUARANTEES THAT THE SERVICES OR NETWORK WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE NETWORK, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE PUBLIC NETWORK TERMS ON AN "AS IS" BASIS. 8. Indemnification You will indemnify and hold Stack Overflow, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the public Network, use of Stack Overflow products or services made available on the public Network, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right. 9. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, STACK OVERFLOW AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE NETWORK OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF STACK OVERFLOW OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT STACK OVERFLOW’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 10. General Provisions a. Assignment and Jurisdiction Stack Overflow reserves the right to assign our rights and obligations under these Public Network Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets. These Public Network Terms will be governed by and construed in accordance with the applicable laws of the State of New York, without giving effect to the principles of that State regarding conflicts of laws. Both you and Stack Overflow hereby irrevocably agree to the sole and exclusive personal jurisdiction of the Courts of the State of New York with respect to any action, suit, or proceeding brought by it or against it by the other party in connection with the Network or Services. Notwithstanding the foregoing, these Public Network Terms shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these Public Network Terms. The Uniform Commercial Code shall not apply to the provisions of these Public Network Terms to the fullest extent permitted by law. No shrinkwrap or click-wrap terms contained in any purchase order or any Company or Team form shall apply to or supersede these Public Network Terms. In the event of any conflict between the terms and conditions of these Public Network Terms and any such shrinkwrap or click-wrap terms, the terms and conditions of the former shall prevail. b. Mandatory Arbitration YOU AGREE THAT WITH RESPECT TO ALL DISPUTES BETWEEN YOU AND STACK OVERFLOW OR ITS AFFILIATES OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THESE PUBLIC NETWORK TERMS, YOUR USE OF THE NETWORK OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, YOU AND STACK OVERFLOW SHALL FIRST CONSULT WITH EACH OTHER TO ATTEMPT TO RESOLVE SUCH DISPUTE IN A MANNER SATISFACTORY TO BOTH PARTIES, AND THAT IF A RESOLUTION IS NOT REACHED WITHIN NINETY (90) DAYS, THEN THE DISPUTE SHALL BE REFERRED TO AND RESOLVED BY BINDING ARBITRATION UNDER JAMS, INC.'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, INC. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Public Network Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the public Network or these Public Network Terms must be filed within one (1) year after such claim of action arose or be forever banned. You agree that, notwithstanding anything in the foregoing, any arbitration proceeding between you and us will be conducted in New York, NY, USA, that the language of the arbitration shall be in English, and that all arbitration proceedings shall be considered confidential in nature. If you don’t want to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30) days of the date that you first accept these Public Network Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the "Assignment and Jurisdiction" section below. Your written notification must be mailed to us at Stack Overflow, Attn: Legal Department, 110 William Street, Floor 28, New York, NY 10038 or by email notification at team (at) stackoverflow.com. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this section, including, without limitation, the arbitration and class-action waiver provisions, and also including such provisions in any modifications we make to these Public Network Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this section (other than a change to the address at which we will receive notices or rejections of future changes to this section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out in the "Notices" section. It is not necessary to send us a rejection of a future change to this section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Public Network Terms; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this section shall not affect the other arbitration agreements between you and us. c. Survival The sections entitled "Public Network Terms", "Contracts are Binding and Legally Enforceable – Please Read!", "User Obligations", "Content Permissions, Restrictions, and Creative Commons Licensing", "Disclaimer of Warranties", "Indemnification", "Limitation of Liability", Assignment and Jurisdiction, "Mandatory Arbitration", "Survival", "Merger and Severability", "Notices", "No Waiver", and "Headings" shall survive any termination or expiration of these Public Network Terms. d. Modifications Stack Overflow reserves the right, in its sole discretion, to modify or replace these Public Network Terms, as our business evolves over time and to better provide Services and Products to the Stack Overflow community, or to change, suspend, or discontinue the public Network and/or any Services or Products at any time by posting a notice on the public Network or by sending you notice via e-mail or by another appropriate means of electronic communication. e. Merger and Severability The parties to these Public Network Terms are independent contractors and these Public Network Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and Stack Overflow. These Public Network Terms represent the entire agreement between you and Stack Overflow and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the public Network or Services or Products contemplated hereunder. If any provision of these Public Network Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Public Network Terms shall remain and continue in full force and effect. f. Notices Unless otherwise specified in these Public Network Terms, all notices under these Public Network Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal (at) stackoverflow.com. g. No Waiver Our failure to enforce any part of these Public Network Terms shall not constitute a waiver of our right to later enforce that or any other part of these Public Network Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Public Network Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. h. Headings The section and paragraph headings in these Public Network Terms are for convenience only and shall not affect their interpretation. Last update: May 21, 2018 IMPORTANT: YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE USING GAMERANGER. YOUR USE OF GAMERANGER INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE GAMERANGER. GameRanger is the copyrighted work of GameRanger Pty Ltd, and includes but is not limited to the software, data files, web site, artwork, documentation, support, and communication protocols ("GameRanger"). All use of GameRanger is governed by these terms and conditions. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You may not and agree not to: - abuse, threaten, harass in any way, any user of GameRanger - transmit any unsolicited advertising, promotional or sales materials, or other form of solicitation to any area or user of GameRanger - transmit any unlawful material to any area or user of GameRanger - transmit any offensive material to any area or user of GameRanger - transmit, post, broadcast, publicly display, perform, copy, distribute, download, alter, make a derivative work from, or use any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, right of publicity, or right of privacy, without the express permission of the rights holder - disrupt the normal flow of dialogue in any area of GameRanger, including but not limited to "scrolling" and "spamming", or repeated entry of meaningless messages - request, advocate, perform, promote, incite or encourage the use of, child pornography, racism, bigotry, hatred, illegal drug use, gratuitous or graphic violence, defamation, pirated software, or criminal or fraudulent activity - use more than one GameRanger account actively - impersonate the author or any administrators or any other user of GameRanger - decompile, disassemble, or reverse-engineer GameRanger, or the communication protocols and data files it uses, for any reason including but not limited to emulation, custom clients, custom plug-ins, proxies, or "bots" - use or enable others to use any unauthorised methods of access to GameRanger including but not limited to emulation, custom clients, custom plug-ins, proxies, or "bots" - knowingly allow others to gain unauthorised access to or use of GameRanger - modify GameRanger in any way, or knowingly use a form of GameRanger that has been modified in unauthorised way - attempt to compromise the security of, or institute attacks on, any GameRanger servers or otherwise attempt to disrupt the operation of GameRanger for any user - harvest or otherwise collect information about others, including e-mail addresses, without their consent - knowingly use, download, or distribute software or content in violation of any license agreement - use, download, or otherwise copy, or provide to a third party (whether or not for a fee) any directory of users of GameRanger, information about users of GameRanger, or GameRanger usage information - attempt to gain access to the account or password of any other GameRanger user - reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of GameRanger, use of GameRanger, or access to GameRanger GameRanger Pty Ltd reserves the right to terminate or suspend your use of GameRanger at any time without notice, for any conduct that in GameRanger Pty Ltd, in its sole discretion, believes violates this Agreement or that is otherwise harmful to other GameRanger users. GameRanger Pty Ltd reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to GameRanger or other violation of this Agreement, including, but not limited to, technological barriers, IP address mapping, and direct contact with your Internet Service Provider (ISP). This Agreement is subject to change at any time without notice. GameRanger Pty Ltd reserves the right to withdraw any functionality from GameRanger at any time without notice. You acknowledge that GameRanger may transmit your operating system version in order to provide features appropriate to your operating system. For Premium Memberships, GameRanger Pty Ltd additionally reserves the right to suspend your use of GameRanger without notice upon rejection of any credit card charges, dishonour or chargeback by your bank. In the event that your use of GameRanger is terminated or suspended for violating the Agreement, you will not be entitled any refunds. You are not entitled to refunds after 30 days from the date of order. The 30 day period commences on the date of the initial Premium Membership signup, and as such, renewals of existing Premium Memberships are not entitled to that refund. You are responsible for all activity under your GameRanger account. You are responsible for keeping your account password and login details confidential. You must contact GameRanger Pty Ltd as soon as possible if you become aware of anyone using your account without your consent. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GameRanger Pty Ltd, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via GameRanger. GameRanger Pty Ltd does not pre-screen all Content as a matter of policy, but GameRanger Pty Ltd has the right, but not the responsibility, to refuse or remove content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement. You understand that you have no expectation of privacy regarding the communications you make on GameRanger, and that all communications made by or received from you may be monitored by GameRanger Pty Ltd representatives. You hereby consent to such monitoring. You acknowledge by submitting Content to any area of GameRanger you automatically grant -- or warrant that the owner of such Content has expressly granted -- GameRanger Pty Ltd and its successors a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also grant GameRanger Pty Ltd the right to authorise the downloading, printing or broadcasting of such material or any portion thereof, by end users for their personal use. Without limiting the foregoing, if you participate in text or audio chat on GameRanger, you additionally give GameRanger Pty Ltd your consent to record, reproduce or download your conversations you have provided, and to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense your audio or video content for promotional purposes, or if GameRanger Pty Ltd believes in good faith that such action is reasonably necessary to enforce this Agreement or its copyright policy, to comply with the law, to comply with legal process, to operate its systems properly, or to protect itself, its users, or others. While GameRanger Pty Ltd will make all reasonable efforts to ensure that GameRanger is available at all times, you acknowledge that as GameRanger is continually evolving, GameRanger Pty Ltd does not warrant that it will be uninterrupted or error-free. GameRanger may not be compatible with other voice communication software. GameRanger Pty Ltd hereby disclaims all warranties relating to this software, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose. GameRanger Pty Ltd will not be liable for any special, incidental, consequential, indirect or similar damages including, but not limited to loss of data or any other reason, due to non-deliveries, errors, system down time, misdeliveries or service interruptions even if GameRanger Pty Ltd has been advised of the possibility of such damages. In no event shall GameRanger Pty Ltd be liable for any damages, regardless of the form of the claim. The person using GameRanger bears all risk as to the quality and performance of the software. You agree to defend, indemnify and hold GameRanger Pty Ltd and its employees, affiliates, partners and licensees harmless from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this Agreement by you. GameRanger Pty Ltd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter. You agree to cooperate with GameRanger Pty Ltd in its defense of any such claim. This Agreement comprises the entire agreement between GameRanger Pty Ltd and you, regarding GameRanger and supercedes any prior agreements. GameRanger Pty Ltd may revise this Agreement from time to time without notice. In the event you determine that any such revision is unacceptable to you, your sole remedy is to terminate your use of GameRanger. Your continued use of GameRanger after posting of a revised Agreement will constitute acceptance of all such revisions. This Agreement is governed by the law in force in the State of Western Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Western Australia. 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 or delay of GameRanger Pty Ltd to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this agreement is void. This software may incorporate dynamic ad serving technology which enables the software to receive advertising messages that appear within the software. This technology will automatically deliver location-based advertising and log and transmit certain information about your interaction with the advertising. This information is not used to ascertain the identity of any individual user. These third-party advertising companies may use cookies or beacons and non-personally identifiable information during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, you can visit http://networkadvertising.org. This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/). This product includes software written by Eric Young (eay@cryptsoft.com) LICENSE ISSUES ============== The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact openssl-core@openssl.org. OpenSSL License --------------- /* ==================================================================== * Copyright (c) 1998-2005 The OpenSSL Project. All rights reserved. * * Redistribution and use in source and binary forms, with or without * modification, are permitted provided that the following conditions * are met: * * 1. Redistributions of source code must retain the above copyright * notice, this list of conditions and the following disclaimer. * * 2. 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. * * 3. All advertising materials mentioning features or use of this * software must display the following acknowledgment: * "This product includes software developed by the OpenSSL Project * for use in the OpenSSL Toolkit. (http://www.openssl.org/)" * * 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to * endorse or promote products derived from this software without * prior written permission. For written permission, please contact * openssl-core@openssl.org. * * 5. Products derived from this software may not be called "OpenSSL" * nor may "OpenSSL" appear in their names without prior written * permission of the OpenSSL Project. * * 6. Redistributions of any form whatsoever must retain the following * acknowledgment: * "This product includes software developed by the OpenSSL Project * for use in the OpenSSL Toolkit (http://www.openssl.org/)" * * THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY * EXPRESSED 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 OpenSSL PROJECT OR * ITS 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. * ==================================================================== * * This product includes cryptographic software written by Eric Young * (eay@cryptsoft.com). This product includes software written by Tim * Hudson (tjh@cryptsoft.com). * */ Original SSLeay License ----------------------- /* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) * All rights reserved. * * This package is an SSL implementation written * by Eric Young (eay@cryptsoft.com). * The implementation was written so as to conform with Netscapes SSL. * * This library is free for commercial and non-commercial use as long as * the following conditions are aheared to. The following conditions * apply to all code found in this distribution, be it the RC4, RSA, * lhash, DES, etc., code; not just the SSL code. The SSL documentation * included with this distribution is covered by the same copyright terms * except that the holder is Tim Hudson (tjh@cryptsoft.com). * * Copyright remains Eric Young's, and as such any Copyright notices in * the code are not to be removed. * If this package is used in a product, Eric Young should be given attribution * as the author of the parts of the library used. * This can be in the form of a textual message at program startup or * in documentation (online or textual) provided with the package. * * Redistribution and use in source and binary forms, with or without * modification, are permitted provided that the following conditions * are met: * 1. Redistributions of source code must retain the copyright * notice, this list of conditions and the following disclaimer. * 2. 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. * 3. All advertising materials mentioning features or use of this software * must display the following acknowledgement: * "This product includes cryptographic software written by * Eric Young (eay@cryptsoft.com)" * The word 'cryptographic' can be left out if the rouines from the library * being used are not cryptographic related 🙂. * 4. If you include any Windows specific code (or a derivative thereof) from * the apps directory (application code) you must include an acknowledgement: * "This product includes software written by Tim Hudson (tjh@cryptsoft.com)" * * THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``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 AUTHOR 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. * * The licence and distribution terms for any publically available version or * derivative of this code cannot be changed. i.e. this code cannot simply be * copied and put under another distribution licence * [including the GNU Public Licence.] */ TERMS OF SERVICE FOR LOGMEIN AND GOTO SERVICES This is a legal agreement between the person or organization (“Customer” or “you”) agreeing to these Terms of Service (“Terms”) and the applicable LogMeIn Contracting Entities (“LogMeIn,” “us,” or “we”). By accepting these Terms, signing an Order, or using the Services, you represent that you are of legal age and have the authority to bind the Customer to the Order, these Terms, and the applicable Service Descriptions (collectively the “Agreement”). ACCESS AND USE OF THE SERVICES. 1.1. Right to Use Services. You agree to use the Services in accordance with the use levels by which we measure, price and offer our Services as posted on our websites, your Order, or the Service Descriptions (“Use Levels”). You may use our Services only as permitted in these Terms, and your use must comply with our Privacy Policy, and Anti-Spam Policy, each of which are incorporated here. We grant you a limited right to use our Services only for business and professional purposes. Technical support for the Services is described in the Service Descriptions. If your affiliates use our Services, you warrant that you have the authority to bind those affiliates and you will be liable if your affiliates do not comply with the Agreement. “Services” means our software-as-a-service offerings and audio services (which are offered by LogMeIn Audio, LLC or Grasshopper Group LLC, the telecommunications providers responsible for the rates and terms relating to the respective audio services). “Service Descriptions” includes an overview of the Services, and may include service-specific additional terms. The Service Descriptions are incorporated into these Terms. The Services, software and websites are provided via equipment and resources located in the United States and other locations throughout the world and you consent to having personal data processed by us in the United States and other locations throughout the world. 1.2. Limitations on Use. By using our Services, you agree on behalf of yourself, your users and your attendees, not to (i) modify, prepare derivative works of, or reverse engineer, our Services; (ii) knowingly or negligently use our Services in a way that abuses or disrupts our networks, user accounts, or the Services; (iii) transmit through the Services any harassing, fraudulent or unlawful material; (iv) market, or resell the Services to any third party; (v) use the Services in violation of our policies, applicable laws, or regulations; (vi) use the Services to send unauthorized advertising, or spam; (vii) harvest, collect, or gather user data without their consent; or (viii) transmit through the Services any material that may infringe the intellectual property or other rights of third parties. 1.3. Changes to Services. We reserve the right to enhance or modify features of our Services but will not materially reduce the core functionality or discontinue any Services unless we provide you with prior written notice. We may offer additional functionality to our standard Services or premium feature improvements for an additional cost. 1.4. Proprietary Rights and LogMeIn Marks. You acknowledge that we or our licensors retain all proprietary right, title and interest in the Services, our name, logo or other marks (together, the “LogMeIn Marks”), and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part the LogMeIn Marks or is similar to any of these. You agree to comply with our Trademark & Copyright Guidelines, which are incorporated into this Agreement by reference. ORDERS, FEES AND PAYMENT. 2.1. Orders. You may order Services using our then-current ordering processes (“Order”). All Orders are effective on the earlier of (i) the date you submit your Order, (ii) the date you convert from a services trial, or (iii) the date on the signature block of the Order (“Effective Date”). Acceptance of your Order may be subject to our verification and credit approval process. Each Order shall be treated as a separate and independent Order. A Purchase Order is required for non-credit card transactions over 10,000 USD, or equivalent, unless Customer does not require a Purchase Order as part of its purchasing process. 2.2. Fees and Payment. You agree to pay all applicable, undisputed fees for the Services as set forth on the invoice. Except as set forth in Section 3. 3below, any and all payments you make to us for access to the Services are final and non-refundable. You are responsible for all fees and charges imposed by your voice and data transmission providers related to your access and use of the Services. You are responsible for providing accurate and current billing, contact and payment information to us or any reseller. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due for your use of the Services, and automatically update your payment card information using software designed to do so in the event your payment card on file is no longer valid. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your Services if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We will not agree to submit invoices via any customer procure-to-pay online portal or Electronic Data Interchange (EDI) portals. We reserve the right to update the price for Services at any time after your Initial Term, and price changes will be effective as of your next billing cycle. We will notify you of any price changes by publishing on our website, emailing, quoting or invoicing you. 2.3. Sales, Promotional Offers, Coupons and Pricing. Sales, promotions and other special discounted pricing offers are temporary and, upon the renewal of your subscription, any such discounted pricing offers may expire. We reserve the right to discontinue or modify any coupons, credits, sales and special promotional offers in our sole discretion. 2.4. Disputes; Delinquent Accounts. You must notify us of any fee dispute within 15 days of the invoice date, and once resolved, you agree to pay those fees within 15 days. We may also suspend or terminate your Services if you do not pay undisputed fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts. 2.5. Taxes and Withholding. You are responsible for all applicable sales, services, value-added, goods and services, withholding, tariffs, Universal Services Fund (USF) fees (if applicable to the Audio Services only) and similar taxes (collectively, “Taxes”) imposed by any government entity or collecting agency based on the Services, except those Taxes based on our net income, or Taxes for which you have provided an exemption certificate. We reserve the right to gross up the price for Services in any invoice, or require you to gross up your payment, if your withholding obligations prevent us from receiving the amount specified in the Order. Additionally, if you do not satisfy your Tax obligations, you agree that you will be required to reimburse us for any Taxes paid on your behalf, and we may take steps to collect Taxes we have paid on your behalf. In all cases, you will pay the amounts due under this Agreement to us in full without any right of set-off or deduction. TERM AND TERMINATION. 3.1. Term. Your initial term commitment for any Order (“Initial Term”) will be specified in the Order, or if no term is specified, your Initial Term will be 12 months from the Effective Date of the Order and will automatically renew for additional 12 month periods (“Renewal Terms”), unless either party provides notice of non-renewal of the Order 30 days before the current term expires. We may agree to align the invoicing under multiple Orders but this will not reduce the term of any Order. Terminating specific Services does not affect the term of any other Services still in effect. If we permit you to reinstate Services at any time after termination, you agree that you will be bound by the then-current Terms and the renewal date that was in effect as of the effective termination date. 3.2. Termination for Cause. Either party may terminate the Agreement (i) if the other party breaches its material obligations and fails to cure within 30 days of receipt of written notice, or (ii) if the other party becomes insolvent or bankrupt, liquidated or is dissolved, or ceases substantially all of its business, and we may suspend access or terminate immediately if you breach Section 1.2, 4 or 5. 3.3. Effect of Termination. If the Agreement or any Services are terminated, you will immediately discontinue all use of the terminated Services, except that upon request, we will provide you with limited access to the Services for a period not to exceed 30 days, solely to enable you to retrieve your Content from the Services. We have no obligation to maintain your Content after that period. Neither party will be liable for any damages resulting from termination of the Agreement, and termination will not affect any claim arising prior to the effective termination date. If we discontinue Services in accordance with Section 1.3 above, the related Order will be terminated and we will provide you with a pro rata refund of any prepaid, unused fees. You agree to pay for any use of the Services past the date of expiration or termination. 3.4. Survival. The provisions of Sections 2 (Orders, Fees and Payment), 3.3 (Effect of Termination), 4 (Your Content and Accounts), 7 (Indemnification), 8 (Limitation on Liability), 9.6 (No Class Actions), and 9.11 (Notices) survive any termination of the Agreement. YOUR CONTENT AND ACCOUNTS. 4.1. Your Content. You retain all rights to your Content and we do not own or license your Content. You grant us a non-exclusive, worldwide, royalty-free, license to use, modify, reproduce and distribute your Content, only as required to provide the Services to which you have subscribed, and you warrant that (i) you have the right to grant us the license, and (ii) none of your Content infringes on the rights of any third party. Each party agrees to apply reasonable technical, organizational and administrative security measures to keep Content protected in accordance with industry standards. We will not view, access or process any of your Content, except: (x) as directed or instructed by you or your users, or (y) as required to comply with our policies, applicable law, or governmental request. You agree to comply with all legal duties applicable to you as a data controller by virtue of the submission of your Content within the Services. If your Content is subject to EU data protection laws and is processed by us as a data processor acting on your behalf (in your capacity as data controller), we will use and process your Content in order to provide the Services and fulfill our obligations under the Agreement, and in accordance with your instructions as represented in this Agreement. Notwithstanding anything to the contrary, this Section 4.1 expresses the entirety of our obligations with respect to your Content. “Content” means any of your, or your users’ or recipients’ files, documents, recordings, and other information that is uploaded to your Service account for storage, or used, presented or shared with third parties in connection with the Service. 4.2. Your Accounts. You are solely responsible for (i) all use of the Services by you and your users, (ii) obtaining consent from your users to the collection, use, processing and transfer of Content, and (iii) providing notices or obtaining consent as legally required in connection with the Services. We do not send emails asking for your usernames or passwords, and to keep your accounts secure, you should keep all usernames and passwords confidential. We are not liable for any loss that you may incur if a third party uses your password or account. We may suspend the Services or terminate the Agreement if you, your users, or attendees are using the Services in a manner that is likely to cause harm to us. You agree to notify us immediately and terminate any unauthorized access to the Services or other security breach. COMPLIANCE WITH LAWS. In connection with the performance, access and use of the Services under the Agreement, each party agrees to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. If necessary and in accordance with applicable law, we will cooperate with local, state, federal and international government authorities with respect to the Services. Notwithstanding any other provision in these Terms, we may immediately terminate the Agreement for noncompliance with applicable laws. WARRANTIES. WE WARRANT THAT THE SERVICES WILL CONFORM TO THE SERVICE DESCRIPTIONS UNDER NORMAL USE. WE DO NOT REPRESENT OR WARRANT THAT (i) THE USE OF OUR SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA, (ii) OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR (iii) ALL ERRORS OR DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES, OR TO TERMINATE THE NON-CONFORMING SERVICES OR THE APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF ANY PREPAID FEES FROM THE PERIOD OF NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS. INDEMNIFICATION. You will indemnify and defend us against any third party claim resulting from a breach of Section 1.2 or 4, or alleging that any of your Content infringes upon any patent or copyright, or violates trade secret or privacy rights of any party, and you agree to pay reasonable attorney’s fees, court costs, damages finally awarded, or reasonable settlement costs with respect to any such claim. We will promptly notify you of any claim and cooperate with the you in defending the claim. You will reimburse us for reasonable expenses incurred in providing any cooperation or assistance. You will have full control and authority over the defense and settlement of any claim, except that: (i) any settlement requiring us to admit liability requires prior written consent, not to be unreasonably withheld or delayed, and (ii) we may join in the defense with our own counsel at our own expense. LIMITATION ON LIABILITY. 8.1. LIMITATION ON INDIRECT LIABILITY. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. 8.2. LIMITATION ON AMOUNT OF LIABILITY. EXCEPT FOR YOUR BREACH OF SECTIONS 1.2 OR 4 AND YOUR INDEMNIFICATION OBLIGATIONS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY. THE FOREGOING DOES NOT LIMIT YOUR OBLIGATIONS TO PAY ANY UNDISPUTED FEES AND OTHER AMOUNTS DUE UNDER ANY ORDER. ADDITIONAL TERMS. 9.1. European Union Customers. This Section 9.1 will apply only if you are located in the European Union. If you want to enter into EU standard contractual clauses with us as it relates to our processing of your information, you may request a Data Processing Addendum (“DPA”) DPA Request Form, and a pre-signed DPA will be transmitted to you for execution. 9.2. Free Services and Trials. Your right to access and use any free Services is not guaranteed for any period of time and we reserve the right, in our sole discretion, to limit or terminate your use of any free or basic versions of any Services by any individual or entity. If you are using the Services on a trial or promotional basis (“Trial Period”), your Trial Period and access to the Services will terminate (i) at the end of the Trial Period stated in your Order, or (ii) if no date is specified, 30 days after your initial access to the Services, (iii) or upon your conversion to a subscription. Following expiration of the Trial Period, the Services may automatically continue unless you provide notice of cancellation to us, and you are responsible for payment of the applicable Fees set forth in the Order. During the Trial Period, to the extent permitted by law, we provide the Services “AS IS” and without warranty or indemnity, and all other terms otherwise apply. We may modify or discontinue any trials or promotions at any time without notice. 9.3. Third Party Features. The Services may be linked to third party sites or applications (“Third Party Services”). We are not responsible for and do not endorse Third Party Services. You have sole discretion whether to purchase or connect to any Third Party Services and your use is governed solely by the terms for those Third Party Services. 9.4. Beta Services. We may offer you access to beta services that are being provided prior to general release, but we do not make any guarantees that these services will be made generally available (“Beta Services”). You understand and agree that the Beta Services may contain bugs, errors and other defects, and use of the Beta Services is at your sole risk. We have no obligation to provide technical support and we may discontinue provision of Beta Services at any time in our sole discretion and without prior notice to you. These Beta Services are offered “AS-IS”, and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory or otherwise. If you are using Beta Services, you agree to receive related correspondence and updates from us, and acknowledge that opting out may result in cancellation of your access to the Beta Services. If you provide feedback (“Feedback”) about the Beta Service, you agree that we own any Feedback that you share with us. For the Beta Services only, these Terms supersede any conflicting terms and conditions in the Agreement, but only to the extent necessary to resolve conflict. 9.5. Copyright. If you believe that our Services have been used in a way that constitutes copyright infringement, you should follow the process outlined here: https://www.logmeininc.com/legal/dmca. 9.6. No Class Actions. You may only resolve disputes with us on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us or any of our employees or affiliates. 9.7. Security Emergencies. If we reasonably determine that the security of our Services or infrastructure may be compromised due to hacking attempts, denial of service attacks, or other malicious activities, we may temporarily suspend the Services and we will take action to promptly resolve any security issues. We will notify you of any suspension or other action taken for security reasons. 9.8. High-Risk Use. You understand that the Services (i) are not designed or intended for use during high-risk activities, and (ii) do not allow and should not be used for calls to emergency services numbers (e.g., 911 (U.S.), or 999 and 112 (UK)). WE ARE NOT A "DIAL-TONE" PROVIDER. IN THE EVENT OF AN EMERGENCY WHILE USING ANY SERVICES, HANG UP AND DIAL YOUR LOCAL EMERGENCY NUMBER. YOU MUST UTILIZE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL CARRIER TO MAKE AN EMERGENCY CALL. 9.9. Recording. Certain Services provide functionality that allows you to record audio and data shared during sessions. You are solely responsible for complying with all applicable laws in the relevant jurisdictions while using recording functionality. We disclaim all liability for your recording of audio or shared data, and you agree to hold us harmless from damages or liabilities related to the recording of any audio or data. 9.10. Assignment. Neither party may assign its rights or delegate its duties under the Agreement either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign the Agreement to an affiliated entity, or as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. Any attempted assignment without consent will be void. The Agreement will bind and inure to the benefit of each party’s successors or assigns. 9.11. Notices. Notices must be sent by personal delivery, overnight courier or registered mail. We may also provide notice to the email last designated on your account, electronically via postings on our website, in-product notices, or our self-service portal or administrative center. Unless specified elsewhere in this Agreement, notices should be sent to us at the address for your applicable contracting entity, with a copy to our Legal Department, 320 Summer Street, Boston, Massachusetts 02210 USA, and we will send notices to the address last designated on your account. Notice is given (a) upon personal delivery; (b) for overnight courier, on the second business day after notice is sent, (c) for registered or certified mail, on the fifth business day after notice is sent, (d) for email, when the email is sent, or (e) if posted electronically, upon posting. 9.12. Entire Agreement; Order of Precedence. The Agreement, including your Order and related invoices for Services ordered, these Terms, Service Descriptions, and a DPA if applicable, sets forth the entire agreement between us relating to the Services and supersedes all prior and contemporaneous oral and written agreements, except as otherwise permitted. If there is a conflict between an executed Order, these Terms, the DPA if applicable, and the Service Descriptions, the conflict will be resolved in that order, but only for the specific Services described in the applicable Order. Nothing contained in any document submitted by you will add to or otherwise modify the Agreement. We may update the Terms from time to time, which will be identified by the last updated date, and may be reviewed at Terms of Service. Your continued access to and use of the Service constitutes your acceptance of the then-current Terms. 9.13. General Terms. If any term of this Agreement is not enforceable, this will not affect any other terms. Both parties are independent contractors and nothing in this Agreement creates a partnership, agency, fiduciary or employment relationship between the parties. No person or entity not a party to the Agreement will be a third party beneficiary. Our authorized distributors do not have the right to modify the Agreement or to make commitments binding on us. Failure to enforce any right under the Agreement will not waive that right. Unless otherwise specified, remedies are cumulative. The Agreement may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay or failure to perform under the Agreement due to force majeure events (e.g. natural disasters; terrorist activities, activities of third party service providers, labor disputes; and acts of government) and acts beyond a party’s reasonable control, but only for so long as those conditions persist. 9.14. Contracting Party, Choice of Law and Location for Resolving Disputes. The contracting entity, contact information, and governing law for your use of the Services will depend on where you are and the specific Services you have ordered, as set forth here: LogMeIn Contracting Entities Last Updated: July, 2017 LogMeIn Privacy Policy Last Updated on January, 2018 Privacy Overview TRUSTe Introduction This privacy policy will help you understand what information we collect and use at LogMeIn, and the choices you have associated with that information. When we refer to “LogMeIn,” “we,” “our,” or “us” in this policy, we are referring to LogMeIn, Inc., and its subsidiaries and affiliates, which provides the Services to you. The “Services” refers to the applications, services, and websites (marketing and product) provided by LogMeIn. LogMeIn may, from time to time, introduce new products and services. To the extent that these new products and services affect this policy, we will notify you as described in Section 8 below. This privacy policy covers the digital properties listed here. The use of information collected through our service shall be limited to the purpose of providing the services for our customers and as specified herein. If you have any questions about this privacy policy or our practices, please contact us. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. EU-U.S. and Swiss Privacy Shield TRUSTeTRUSTe LogMeIn has self-certified to the EU-U.S. Privacy Shield and Swiss Privacy Shield with respect to Customer Data. For more information, see our Privacy Shield Notice. Contents: Information We Collect and Receive How We Use the Information We Collect and Receive Analytics, Cookies and Other Web Site Technologies Information Sharing Communicating Accessing Your Data Security Changes to this Statement/Contact Us 1. Information We Collect and Receive We collect several different types of information to provide Services to you, including: Customer Account and Registration Data: This includes information you provide to create your account with us or register for events, webinars, surveys, etc. and may include, first and last name, billing information, a password and a valid email address. Service Data (including Session and Usage data): When you use our Services, we receive information generated through the use of the Service, either entered by you or others who use the Services with you (for example, schedules, attendee info, etc.), or from the Service infrastructure itself, (for example, duration of session, use of webcams, connection information, etc.) We may also collect usage and log data about how the services are accessed and used, including information about the device you are using the Services on, IP addresses, location information, language settings, what operating system you are using, unique device identifiers and other diagnostic data to help us support the Services. Third Party Data: We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you. We may also receive information from other affiliated companies that are a part of our corporate group. This helps us to update, expand and analyze our records, identify new prospects for marketing, and provide products and services that may be of interest to you. Location Information: We collect your location-based information for the purpose of providing and supporting the service and for fraud prevention and security monitoring. If you wish to opt-out of the collection and use of your collection information, you may do so by turning it off on your device settings. Device Information: When you use our Services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or "UDID"). 2. How We Use the Information We Collect and Receive LogMeIn may access (which may include, with your consent, limited viewing or listening) and use the data we collect as necessary (a) to provide and maintain the Services; (b) to address and respond to service, security, and customer support issues; (c) to detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; (d) as required by law; (e) to fulfill our contracts; (f) to improve and enhance the Services; (g) to provide analysis or valuable information back to our Customers and users. Some specific examples of how we use the information: Create and administer your account Send you an order confirmation Facilitate and improve the usage of the services you have ordered Assess the needs of your business to determine suitable products Send you product updates, marketing communication, and service information Respond to customer inquiries and support requests Conduct research and analysis Display content based upon your interests Analyze data, including through automated systems and machine learning to improve our services and/or your experience Provide you information about your use of the services and benchmarks, insights and suggestions for improvements Market services of our third-party business partners LogMeIn also collects and stores meeting attendee information to fulfill our obligation to our customers and provide the Services. With their consent, we may also directly provide product and other LogMeIn related information to attendees. LogMeIn will retain your information as long as your account with us is active, to comply with our legal obligations, to resolve disputes, and enforce our agreements. If you wish to cancel your account or for us to stop providing you services, or if we hold personal information about you and you want it to be removed from our database or inactivated, please contact us here. 3. Analytics, Cookies and Other Web Site Technologies LogMeIn is continuously improving our websites and products through the use of various third party web analytics tools, which help us understand how visitors use our websites, desktop tools, and mobile applications, what they like and dislike, and where they may have problems. While we maintain ownership of this data, we do not share this type of data about individual users with third parties. Geolocation and Other Data: We may utilize precise Geolocation data but only if you specifically opt-in to collection of that data in connection with a particular service. We also use information such as IP addresses to determine the general geographic locations areas of our visitors. The web beacons used in conjunction with these web analytics tools may gather data such as what browser or operating system a person uses, as well as, domain names, MIME types, and what content, products and services are reviewed or downloaded when visiting or registering for services at one of our websites or using one of our mobile applications. Google Analytics and Adobe Marketing Cloud: We use Google Analytics as described in “How Google uses data when you use our partners' sites or apps.” You can prevent your data from being used by Google Analytics on websites by installing the Google Analytics opt-out browser add-on here. We also employ IP address masking, a technique used to truncate IP addresses collected by Google Analytics and store them in an abbreviated form to prevent them from being traced back to individual users. Portions of our website may also use Google Analytics for Display Advertisers including DoubleClick or Dynamic Remarketing which provide interest-based ads based on your visit to this or other websites. You can use Ads Settings to manage the Google ads you see and opt-out of interest-based ads. We also use Adobe Marketing Cloud as described here. You can opt-out of use of this information as described below. Tracking Technologies: LogMeIn and our partners use cookies and similar tracking technologies to track user traffic patterns and hold certain registration information. Tracking technologies also used are beacons, tags and scripts to collect and track information and to improve and analyze our service. If you wish to not have the information these technologies collect used for the purpose of serving you targeted ads, you may opt-out here, or if located in the European Union, click here. The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can still review the website if you choose to set your browser to refuse all cookies; however, you must enable cookies to establish an account and to install the Services. To manage Flash cookies, please click here. Examples of Cookies We Use: Cookie Type Purpose Description Session Cookies We use these cookies to operate our websites. Some cookies are essential for the operation of LogMeIn websites. If a user chooses to disable these cookies, the user will not be able to access all of the content and features. Preference Cookies We use these cookies to remember your preferences. When you register at a LogMeIn website, we use cookies to store unique, randomly assigned user IDs that we generate for administrative purposes. These cookies enable you to enter the LogMeIn sites without having to log on each time. Advertising Cookies These cookies are used to serve you with advertisements that may be relevant to you and your interests. We use cookies to make advertising more engaging to users, as well as to assist in reporting on marketing program performance and analytics Security Cookies These cookies are used for general security purposes and user authentication. We use security cookies to authenticate users, prevent fraudulent use of login credentials, and protect user data from access by unauthorized parties. Mobile Analytics We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application. Social Media: Our sites include social media features, such as Facebook, Google and Twitter “share” buttons. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These services will also authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form or provide feedback. Your interactions with these features are governed by the privacy policy of the company providing them. 4. Information Sharing Ensuring your privacy is important to us. We do not share your personal information with third parties except as described in this privacy policy. We may share your personal information with (a) third party service providers; (b) business partners; (c) affiliated companies within our corporate structure and (d) as needed for legal purposes. Third party service providers have access to personal information only as needed to perform their functions and they must process the personal information in accordance with this Privacy Policy. Examples of how we may share information with service providers include: Fulfilling orders and providing the services Payment processing and fraud prevention Providing customer support Sending marketing communications Conducting research and analysis Providing cloud computing infrastructure Examples of how we may disclose data for legal reasons include: As part of a merger, sale of company assets, financing or acquisition of all or a portion of our business by another company where customer information will be one of the transferred assets. As required by law, for example, to comply with a valid subpoena or other legal process; when we believe in good faith that disclosure is necessary to protect our rights, or to protect your safety (or the safety of others); to investigate fraud; or to respond to a government request. We may also disclose your personal information to any third party with your prior consent. 5. Communications LogMeIn may need to communicate with you for a variety of different reasons, including: Responding to your questions and requests. If you contact us with a problem or question, we will use your information to respond. Sending you Service and administrative emails and messages. We may contact you to inform you about changes in our Services, our Service offerings, and important Service related notices, such as billing, security and fraud notices. These emails and messages are considered a necessary part of the Services and you may not opt-out of them. Sending emails about new products or other news about LogMeIn that we think you’d like to hear about either from us or from our business partners. You can always opt out of these types of messages at any time by clicking the unsubscribe link at the bottom of each communication. Conducting surveys. We may use the information gathered in the surveys to enhance and personalize our products, services, and websites. Offering referral programs and incentives, which allow you to utilize email, text, or URL links that you can share with friends or colleagues. 6. Accessing Your Data Our customers can always review, update or change personal information from within their account. LogMeIn will also, when you request, provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. Please contact us here if you need assistance in reviewing your information. LogMeIn will respond to your access request to review the information we have on file for you within a reasonable time. We may also collect information on behalf of our customers, to provide the services, and we may not have a direct relationship with the individuals whose personal data is processed. If you are a customer or end-user of one of our customers, please contact them (as the data controller) directly if: (i) you would no longer like to be contacted by them; or (ii) to access, correct, amend, or delete inaccurate data. If requested to remove data by our customer, we will respond within a reasonable timeframe. We may transfer personal information to companies that help us provide our service, and when we do, these transfers to subsequent third parties are covered by appropriate transfer agreements. We will retain personal data we process on behalf of our customer as needed to provide services to our customer. Also, we will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. LogMeIn is headquartered in the United States of America and maintains a global infrastructure. Information that we collect and maintain may be transferred to, or controlled and processed in, the United States and/or other countries around the world. When you provide us with information, or use our website(s) and services, you consent to this transfer. We will protect the privacy and security of personal information we collect in accordance with this privacy policy, regardless of where it is processed or stored. 7. Security LogMeIn follows generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received, however, no security measure is perfect. We recommend safeguarding your password, as it is one of the easiest ways you can manage the security of your own account – remember that if you lose control over your password, you may lose control over your personal information. 8. Changes to this Statement/Contact Us We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will provide notice on this website, and we may notify you by email (sent to the e-mail address specified in your account), prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. If you continue to use the Services after those changes are in effect, you agree to the revised policy. If you have any other questions about this policy please contact LogMeIn Privacy Team, or call +1 805 690 6400 or write to us via postal mail at: LogMeIn, 320 Summer Street, Boston, MA 02210. To reach our Global Customer Support department, you may contact us here. Voobly Terms of Use Contents: 1 Acceptance of Terms 2 Description of Services 3 Personal and Non-Commercial Use Limitation 4 Privacy and Protection of Personal Information 5 Notice Specific to Software Available on this Website 6 Notices Regarding Software, Documents, and Services Available on this Website 7 Member Account, Password, and Security 8 No Unlawful or Prohibited Use 9 Use of Services 10 Materials Provided to Voobly or Posted at Any Voobly Website 11 Notices and Procedure for Making Claims of Copyright Infringement 12 Links to Third Party Sites 13 Unsolicited Idea Submission Policy Acceptance of Terms The services that Voobly provides to you are subject to the following Terms of Use ("TOU"). Voobly reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. Description of Services Through its network of Web properties, Voobly provides you with access to a variety of resources, including developer tools, download areas, communication forums and game ressources (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU. Personal and Non-Commercial Use Limitation Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. Privacy and Protection of Personal Information See the Privacy Statement disclosures relating to the collection and use of your information. Notice Specific to Software Available on this Website Any software that is made available to download from the Services ("Software") is the copyrighted work of Voobly and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Voobly. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Voobly CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, Voobly MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. VOOBLY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN Voobly SOFTWARE PRODUCTS. Notices Regarding Software, Documents, and Services Available on this Website IN NO EVENT SHALL VOOBLY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. Member Account, Password, and Security If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Voobly immediately of any unauthorized use of your account or any other breach of security. Voobly will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Voobly or another party due to someone else using your account or password. You may not use anyone else's account at any time. No Unlawful or Prohibited Use As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Voobly server, or the network(s) connected to any Voobly server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Voobly server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Use of Services The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not: Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. Voobly has no obligation to monitor the Communication Services. However, Voobly reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Voobly reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Voobly reserves the right at all times to disclose any information as Voobly deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Voobly's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Voobly does not control or endorse the content, messages or information found in any Communication Services and, therefore, Voobly specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Voobly spokespersons, and their views do not necessarily reflect those of Voobly. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Materials Provided to Voobly or Posted at Any Voobly Website Voobly does not claim ownership of the materials you provide to Voobly (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Voobly, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Voobly Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. Voobly is under no obligation to post or use any Submission you may provide and Voobly may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images. Notices and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. Notice and Procedure for Making Claims of Copyright Infringement -- legal@voobly.com Links to Third Party Sites THE LINKS IN THIS AREA WILL LET YOU LEAVE VOOBLY'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF VOOBLY AND VOOBLY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. VOOBLY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. VOOBLY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY VOOBLY OF THE SITE. Unsolicited Idea Submission Policy VOOBLY OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN VOOBLY'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO VOOBLY. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO VOOBLY OR ANYONE AT VOOBLY. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT VOOBLY MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. Wikimedia Terms of Use Our Terms of Use Imagine a world in which every single human being can freely share in the sum of all knowledge. That's our commitment. – Our Vision Statement Welcome to Wikimedia! The Wikimedia Foundation, Inc. (“we” or “us”), is a nonprofit charitable organization whose mission is to empower and engage people around the world to collect and develop content under a free license or in the public domain, and to disseminate it effectively and globally, free of charge. To support our vibrant community, we provide the essential infrastructure and organizational framework for the development of multilingual wiki Projects and their editions (as explained here) and other endeavors which serve this mission. We strive to make and keep educational and informational content from the Projects available on the internet free of charge, in perpetuity. We welcome you (“you” or the “user”) as a reader, editor, author, or contributor of the Wikimedia Projects, and we encourage you to join the Wikimedia community. Before you participate, however, we ask that you please read and agree to the following Terms of Use (“Terms of Use”). Overview These Terms of Use tell you about our public services at the Wikimedia Foundation, our relationship to you as a user, and the rights and responsibilities that guide us both. We want you to know that we host an incredible quantity of educational and informational content, all of which is contributed and made possible by users like yourself. Generally we do not contribute, monitor, or delete content (with the rare exception of policies like these Terms of Use or legal compliance for DMCA notices). This means that editorial control is in the hands of you and your fellow users who create and manage the content. We merely host this content. The community – the network of users who are constantly building and using the various sites or Projects – are the principal means through which the goals of the mission are achieved. The community contributes to and helps govern our sites. The community undertakes the critical function of creating and enforcing policies for the specific Project editions (such as the different language editions for the Wikipedia Project or the Wikimedia Commons multi-lingual edition). You are welcome to join as a contributor, editor, or author, but you should follow the policies that govern each of the independent Project editions. The largest of our Projects is Wikipedia, but we host other Projects too, each with different objectives and work methods. Each Project edition has a team of contributors, editors or authors who work together to create and manage the content on that Project edition. You are welcome to join these teams and work with them to improve these Projects. Because we are dedicated to making content freely accessible to the public, we generally require that all content you contribute is available under a free license or in the public domain. Please be aware that you are legally responsible for all of your contributions, edits, and re-use of Wikimedia content under the laws of the United States of America and other applicable laws (which may include the laws where you live or where you view or edit content). This means it is important that you use caution when posting content. In light of this responsibility, we have some rules about what you cannot post, most of which is either for your own protection or for the protection of other users like yourself. Please keep in mind that the content we host is for general informational purposes only, so if you need expert advice for a particular question (such as medical, legal, or financial issues), you should seek the help of a licensed or qualified professional. We also include other important notices and disclaimers, so please read these Terms of Use in their entirety. For clarity, other organizations, such as local Wikimedia chapters and associations, that may share in the same mission are nevertheless legally independent and separate from the Wikimedia Foundation and have no responsibility for the operations of the website or its content. Contents Our Terms of Use Overview 1. Our Services 2. Privacy Policy 3. Content We Host 4. Refraining from Certain Activities 5. Password Security 6. Trademarks 7. Licensing of Content 8. DMCA Compliance 9. Third-party Websites and Resources 10. Management of Websites 11. Resolutions and Project Policies 12. Termination 13. Disputes and Jurisdiction 14. Disclaimers 15. Limitation on Liability 16. Modifications to these Terms of Use 17. Other Terms Thank You! 1. Our Services The Wikimedia Foundation is dedicated to encouraging the growth, development and distribution of free multilingual content, and to hosting the full content of these wiki-based Projects for the public free of charge. Our role is to host some of the largest collaboratively edited reference Projects in the world, which can be found here. However, we act only as a hosting service, maintaining the infrastructure and organizational framework that allows our users to build the Wikimedia Projects by contributing and editing content themselves. Because of our unique role, there are a couple of things you should be aware of when considering our relationship to you, the Projects, and the other users: We do not take an editorial role: Because the Wikimedia Projects are collaboratively edited, all of the content that we host is provided by users like yourself, and we do not take an editorial role. This means that we generally do not monitor or edit the content of the Project websites, and we do not take any responsibility for this content. Similarly, we do not endorse any opinions expressed via our services, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community content. Instead, we simply provide access to the content that your fellow users have contributed and edited. You are responsible for your own actions: You are legally responsible for your edits and contributions on Wikimedia Projects, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the laws of the United States of America. Although we may not agree with such actions, we warn editors and contributors that authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit content. WMF generally cannot offer any protection, guarantee, immunity or indemnification. 2. Privacy Policy We ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information. Because our services are used by people all over the world, personal information that we collect may be stored and processed in the United States of America or any other country in which we or our agents maintain facilities. By using our services, you consent to any such transfer of information outside your country. 3. Content We Host You may find some material objectionable or erroneous: Because we provide a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services. Our content is for general informational purposes only: Although we host a great deal of information that pertains to professional topics, including medical, legal, or financial issues, this content is presented for general informational purposes only. It should not be taken as professional advice. Please seek independent professional counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained in one of the Project websites. 4. Refraining from Certain Activities The Projects hosted by the Wikimedia Foundation only exist because of the vibrant community of users like you who collaborate to write, edit, and curate the content. We happily welcome your participation in this community. We encourage you to be civil and polite in your interactions with others in the community, to act in good faith, and to make edits and contributions aimed at furthering the mission of the shared Project. Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on our sites. These activities include: Harassing and Abusing Others Engaging in harassment, threats, stalking, spamming, or vandalism; and Transmitting chain mail, junk mail, or spam to other users. Violating the Privacy of Others Infringing the privacy rights of others under the laws of the United States of America or other applicable laws (which may include the laws where you live or where you view or edit content); Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by the Wikimedia Foundation; and Soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors. Engaging in False Statements, Impersonation, or Fraud Intentionally or knowingly posting content that constitutes libel or defamation; With the intent to deceive, posting content that is false or inaccurate; Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and Engaging in fraud. Committing Infringement Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law. Misusing Our Services for Other Illegal Purposes Posting child pornography or any other content that violates applicable law concerning child pornography; Posting or trafficking in obscene material that is unlawful under applicable law; and Using the services in a manner that is inconsistent with applicable law. Engaging in Disruptive and Illegal Misuse of Facilities Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users; Engaging in automated uses of the site that are abusive or disruptive of the services and have not been approved by the Wikimedia community; Disrupting the services by placing an undue burden on a Project website or the networks or servers connected with a Project website; Disrupting the services by inundating any of the Project websites with communications or other traffic that suggests no serious intent to use the Project website for its stated purpose; Knowingly accessing, tampering with, or using any of our non-public areas in our computer systems without authorization; and Probing, scanning, or testing the vulnerability of any of our technical systems or networks unless all the following conditions are met: such actions do not unduly abuse or disrupt our technical systems or networks; such actions are not for personal gain (except for credit for your work); you report any vulnerabilities to MediaWiki developers (or fix it yourself); and you do not undertake such actions with malicious or destructive intent. Paid contributions without disclosure These Terms of Use prohibit engaging in deceptive activities, including misrepresentation of affiliation, impersonation, and fraud. As part of these obligations, you must disclose your employer, client, and affiliation with respect to any contribution for which you receive, or expect to receive, compensation. You must make that disclosure in at least one of the following ways: a statement on your user page, a statement on the talk page accompanying any paid contributions, or a statement in the edit summary accompanying any paid contributions. Applicable law, or community and Foundation policies and guidelines, such as those addressing conflicts of interest, may further limit paid contributions or require more detailed disclosure. A Wikimedia Project community may adopt an alternative paid contribution disclosure policy. If a Project adopts an alternative disclosure policy, you may comply with that policy instead of the requirements in this section when contributing to that Project. An alternative paid contribution policy will only supersede these requirements if it is approved by the relevant Project community and listed in the alternative disclosure policy page. For more information, please read our FAQ on disclosure of paid contributions. We reserve the right to exercise our enforcement discretion with respect to the above terms. 5. Password Security You are responsible for safeguarding your own password and should never disclose it to any third party. 6. Trademarks Although you have considerable freedoms for re-use of the content on the Project websites, it is important that, at the Wikimedia Foundation, we protect our trademark rights so that we can protect our users from fraudulent impersonators. Because of this, we ask that you please respect our trademarks. All Wikimedia Foundation trademarks belong to the Wikimedia Foundation, and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms of Use and in compliance with our Trademark Policy. 7. Licensing of Content To grow the commons of free knowledge and free culture, all users contributing to the Projects are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, so long as that use is properly attributed and the same freedom to re-use and re-distribute is granted to any derivative works. In keeping with our goal of providing free information to the widest possible audience, we require that when necessary all submitted content be licensed so that it is freely reusable by anyone who cares to access it. You agree to the following licensing requirements: Text to which you hold the copyright: When you submit text to which you hold the copyright, you agree to license it under: Creative Commons Attribution-ShareAlike 3.0 Unported License (“CC BY-SA”), and GNU Free Documentation License (“GFDL”) (unversioned, with no invariant sections, front-cover texts, or back-cover texts). (Re-users may comply with either license or both.) The only exception is if the Project edition or feature requires a different license. In that case, you agree to license any text you contribute under that particular license. For example, at the publication of this version of the Terms of Use, English Wikinews mandates that all text content is licensed under the Creative Commons Attribution 2.5 Generic License (CC BY 2.5) and does not require a dual license with GFDL. Please note that these licenses do allow commercial uses of your contributions, as long as such uses are compliant with the terms. Attribution: Attribution is an important part of these licenses. We consider it giving credit where credit is due – to authors like yourself. When you contribute text, you agree to be attributed in any of the following fashions: Through hyperlink (where possible) or URL to the article to which you contributed (since each article has a history page that lists all authors and editors); Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Project website; or Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions). Importing text: You may import text that you have found elsewhere or that you have co-authored with others, but in such case you warrant that the text is available under terms that are compatible with the CC BY-SA 3.0 license (or, as explained above, another license when exceptionally required by the Project edition or feature)("CC BY-SA"). Content available only under GFDL is not permissible. You agree that, if you import text under a CC BY-SA license that requires attribution, you must credit the author(s) in a reasonable fashion. Where such credit is commonly given through page histories (such as Wikimedia-internal copying), it is sufficient to give attribution in the edit summary, which is recorded in the page history, when importing the text. The attribution requirements are sometimes too intrusive for particular circumstances (regardless of the license), and there may be instances where the Wikimedia community decides that imported text cannot be used for that reason. Non-text media: Non-text media on the Projects are available under a variety of different licenses that support the general goal of allowing unrestricted re-use and re-distribution. When you contribute non-text media, you agree to comply with the requirements for such licenses as described in our Licensing Policy, and also comply with the requirements of the specific Project edition or feature to which you are contributing. Also see the Wikimedia Commons Licensing Policy for more information on contributing non-text media to that Project. No revocation of license: Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms of Use for text content or non-text media contributed to the Wikimedia Projects or features, even if you terminate use of our services. Public domain content: Content that is in the public domain is welcome! It is important however that you confirm the public domain status of the content under the law of the United States of America as well as the laws of any other countries as required by the specific Project edition. When you contribute content that is in the public domain, you warrant that the material is actually in the public domain, and you agree to label it appropriately. Re-use: Re-use of content that we host is welcome, though exceptions exist for content contributed under "fair use" or similar exemptions under copyright law. Any re-use must comply with the underlying license(s). When you re-use or re-distribute a text page developed by the Wikimedia community, you agree to attribute the authors in any of the following fashions: Through hyperlink (where possible) or URL to the page or pages that you are re-using (since each page has a history page that lists all authors and editors); Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Project website; or Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions). If the text content was imported from another source, it is possible that the content is licensed under a compatible CC BY-SA license but not GFDL (as described in “Importing text,” above). In that case, you agree to comply with the compatible CC BY-SA license and do not have the option to re-license it under GFDL. To determine the license that applies to the content that you seek to re-use or re-distribute, you should review the page footer, page history, and discussion page. In addition, please be aware that text that originated from external sources and was imported into a Project may be under a license that attaches additional attribution requirements. Users agree to indicate these additional attribution requirements clearly. Depending on the Project, such requirements may appear for example in a banner or other notations pointing out that some or all of the content was originally published elsewhere. Where there are such visible notations, re-users should preserve them. For any non-text media, you agree to comply with whatever license under which the work has been made available (which can be discovered by clicking on the work and looking at the licensing section on its description page or reviewing an applicable source page for that work). When re-using any content that we host, you agree to comply with the relevant attribution requirements as they pertain to the underlying license or licenses. Modifications or additions to material that you re-use: When modifying or making additions to text that you have obtained from a Project website, you agree to license the modified or added content under CC BY-SA 3.0 or later (or, as explained above, another license when exceptionally required by the specific Project edition or feature). When modifying or making additions to any non-text media that you have obtained from a Project website, you agree to license the modified or added content in accordance with whatever license under which the work has been made available. With both text content and non-text media, you agree to clearly indicate that the original work has been modified. If you are re-using text content in a wiki, it is sufficient to indicate in the page history that you made a change to the imported text. For each copy or modified version that you distribute, you agree to include a licensing notice stating which license the work is released under, along with either a hyperlink or URL to the text of the license or a copy of the license itself. 8. DMCA Compliance The Wikimedia Foundation wants to ensure that the content that we host can be re-used by other users without fear of liability and that it is not infringing the proprietary rights of others. In fairness to our users, as well as to other creators and copyright holders, our policy is to respond to notices of alleged infringement that comply with the formalities of the Digital Millennium Copyright Act (DMCA). Pursuant to the DMCA, we will terminate, in appropriate circumstances, users and account holders of our system and network who are repeat infringers. However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a DMCA takedown demand is invalid or improper. For more information on what to do if you think a DMCA notice has been improperly filed, you may wish to consult the Chilling Effects website. If you are the owner of content that is being improperly used on one of the Projects without your permission, you may request that the content be removed under the DMCA. To make such a request, please email us at legal@wikimedia.org or snail mail our designated agent at this address. Alternatively, you may make a request to our community, which often handles copyright issues faster and more effectively than prescribed under the DMCA. In that case, you can post a notice explaining your copyright concerns. For a non-exhaustive and non-authoritative list of the relevant processes for the different Project editions, look here. Before filing a DMCA claim, you also have the option of sending an email to the community at info@wikimedia.org. 9. Third-party Websites and Resources You are solely responsible for your use of any third-party websites or resources. Although the Projects contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content. 10. Management of Websites The community has the primary role in creating and enforcing policies applying to the different Project editions. At the Wikimedia Foundation, we rarely intervene in community decisions about policy and its enforcement. In an unusual case, the need may arise, or the community may ask us, to address an especially problematic user because of significant Project disturbance or dangerous behavior. In such cases, we reserve the right, but do not have the obligation to: Investigate your use of the service (a) to determine whether a violation of these Terms of Use, Project edition policy, or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or appropriate governmental request; Detect, prevent, or otherwise address fraud, security, or technical issues or respond to user support requests; Refuse, disable, or restrict access to the contribution of any user who violates these Terms of Use; Ban a user from editing or contributing or block a user's account or access for actions violating these Terms of Use, including repeat copyright infringement; Take legal action against users who violate these Terms of Use (including reports to law enforcement authorities); and Manage otherwise the Project websites in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public. In the interests of our users and the Projects, in the extreme circumstance that any individual has had his or her account or access blocked under this provision, he or she is prohibited from creating or using another account on or seeking access to the same Project, unless we provide explicit permission. Without limiting the authority of the community, the Wikimedia Foundation itself will not ban a user from editing or contributing or block a user's account or access solely because of good faith criticism that does not result in actions otherwise violating these Terms of Use or community policies. The Wikimedia community and its members may also take action when so allowed by the community or Foundation policies applicable to the specific Project edition, including but not limited to warning, investigating, blocking, or banning users who violate those policies. You agree to comply with the final decisions of dispute resolution bodies that are established by the community for the specific Project editions (such as arbitration committees); these decisions may include sanctions as set out by the policy of the specific Project edition. Especially problematic users who have had accounts or access blocked on multiple Project editions may be subject to a ban from all of the Project editions, in accordance with the Global Ban Policy. In contrast to Board resolutions or these Terms of Use, policies established by the community, which may cover a single Project edition or multiple Projects editions (like the Global Ban Policy), may be modified by the relevant community according to its own procedures. The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 12 of these Terms of Use. 11. Resolutions and Project Policies The Wikimedia Foundation Board of Trustees releases official policies from time to time. Some of these policies may be mandatory for a particular Project or Project edition, and, when they are, you agree to abide by them as applicable. 12. Termination Though we hope you will stay and continue to contribute to the Projects, you can stop using our services any time. In certain (hopefully unlikely) circumstances it may be necessary for either ourselves or the Wikimedia community or its members (as described in Section 10) to terminate part or all of our services, terminate these Terms of Use, block your account or access, or ban you as a user. If your account or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available (subject to applicable policies), and, unless we notify you otherwise, you may still access our public pages for the sole purpose of reading publicly available content on the Projects. In such circumstances, however, you may not be able to access your account or settings. We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect with respect to relevant provisions, including Sections 1, 3, 4, 6, 7, 9-15, and 17. 13. Disputes and Jurisdiction Highlighted for emphasis We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by the Projects or Project editions and the Wikimedia Foundation. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in San Francisco County, California. You also agree that the laws of the State of California and, to the extent applicable, the laws of the United States of America will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in San Francisco County, California, in any legal action or proceeding relating to us or these Terms of Use. To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred). 14. Disclaimers Highlighted for emphasis At the Wikimedia Foundation, we do our best to provide educational and informational content to a very wide audience, but your use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use. Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law. 15. Limitation on Liability Highlighted for emphasis The Wikimedia Foundation will not be liable to you or to any other party 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, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one thousand U.S. dollars (USD 1000.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law. 16. Modifications to these Terms of Use Just as the Wikimedia community's input is essential for the growth and maintenance of the Projects, we believe that community input is essential for these Terms of Use to properly serve our users. It is also essential for a fair contract. Therefore, we will provide these Terms of Use, as well as any substantial future revisions of these Terms of Use, to the community for comment at least thirty (30) days before the end of the comment period. If a future proposed revision is substantial, we will provide an additional 30 days for comments after posting a translation of the proposed revision in at least three languages (selected at our discretion). The community will be encouraged to translate the proposed revision in other languages as appropriate. For changes for legal or administrative reasons, to correct an inaccurate statement, or changes in response to community comments, we will provide at least three (3) days' notice. Because it may be necessary to modify these Terms of Use from time to time, we will provide notice of such modifications and the opportunity to comment via the Project websites, and via a notification on WikimediaAnnounce-L. However, we ask that you please periodically review the most up-to-date version of these Terms of Use. Your continued use of our services after the new Terms of Use become official following the notice and review period constitutes an acceptance of these Terms of Use on your part. For the protection of the Wikimedia Foundation and other users like yourself, if you do not agree with our Terms of Use, you cannot use our services. 17. Other Terms These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us, the Wikimedia Foundation. If you have not signed a separate agreement with us, these Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms of Use and a signed written agreement between you and us, the signed agreement will control. You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on Project websites. If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision. You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or the Wikimedia Projects or Project editions. Notwithstanding any provision to the contrary in these Terms of Use, we (the Wikimedia Foundation) and you agree not to modify the applicable terms and requirements of any free license that is employed on the Projects or Project editions when such free license is authorized by these Terms of Use. These Terms of Use were written in English (U.S.). While we hope that translations of these Terms of Use are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence. If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect. Thank You! We appreciate your taking the time to read these Terms of Use, and we are very happy to have you contributing to the Projects and using our services. Through your contributions, you are helping to build something really big – not only an important collection of collaboratively edited reference Projects that provides education and information to millions who might otherwise lack access, but also a vibrant community of like-minded and engaged peers, focused on a very noble goal. These Terms of Use went into effect on June 16, 2014. Previous versions of the terms: Terms of Use (2012–2014): effective from May 24, 2012 until June 16, 2014 Terms of Use (2009): effective from 2009 until May 24, 2012. In the event of any differences in meaning between the original English version and a translation, the original English version takes precedence. Wikimedia Privacy Policy Welcome! The Wikimedia Foundation is the nonprofit organization that operates collaborative, free knowledge websites, like Wikipedia, Wikimedia Commons, and Wiktionary. This Policy explains how we collect, use, and share your personal information. We collect very little personal information about you. We do not rent or sell your information to third parties. By using Wikimedia Sites, you consent to this Policy. The Wikimedia movement is founded on a simple, but powerful principle: we can do more together than any of us can do alone. We cannot work collectively without gathering, sharing, and analyzing information about our users as we seek new ways to make the Wikimedia Sites more usable, safer, and more beneficial. We believe that information-gathering and use should go hand-in-hand with transparency. This Privacy Policy explains how the Wikimedia Foundation, the non-profit organization that hosts the Wikimedia Sites, like Wikipedia, collects, uses, and shares information we receive from you through your use of the Wikimedia Sites. It is essential to understand that, by using any of the Wikimedia Sites, you consent to the collection, transfer, processing, storage, disclosure, and use of your information as described in this Privacy Policy. That means that reading this Policy carefully is important. We believe that you shouldn't have to provide nonpublic personal information to participate in the free knowledge movement. You do not have to provide things like your real name, address, or date of birth to sign up for a standard account or contribute content to the Wikimedia Sites. We do not sell or rent your Personal Information, nor do we give it to others to sell you anything. We use it to figure out how to make the Wikimedia Sites more engaging and accessible, to see which ideas work, and to make learning and contributing more fun. Put simply: we use this information to make the Wikimedia Sites better for you. After all, it's people like you, the champions of free knowledge, who make it possible for the Wikimedia Sites to not only exist, but also grow and thrive. Definitions Back to top WWC arrow up.png We recognize that only a minority of you are familiar with technical terms like “tracking pixels” and “cookies” used in the Privacy Policy. Whether you are brand new to privacy terminology or you are an expert who just wants a refresher, you might find our Glossary of Key Terms helpful. Because everyone (not just lawyers) should be able to easily understand how and why their information is collected and used, we use common language instead of more formal terms throughout this Policy. To help ensure your understanding of some particular key terms, here is a table of translations: When we say... ... we mean: "the Wikimedia Foundation" / "the Foundation" / "we" / "us" / "our" The Wikimedia Foundation, Inc., the non-profit organization that operates the Wikimedia Sites. "Wikimedia Sites" / "our services" Wikimedia websites and services (regardless of language), including our main projects, such as Wikipedia and Wikimedia Commons, as well as mobile applications, APIs, emails, and notifications; excluding, however, sites and services listed in the "What This Privacy Policy Doesn't Cover" section below. "you" / "your" / "me" You, regardless of whether you are an individual, group, or organization, and regardless of whether you are using the Wikimedia Sites or our services on behalf of yourself or someone else. "this Policy" / "this Privacy Policy" This document, entitled the "Wikimedia Foundation Privacy Policy". "contributions" Content you add or changes you make to any Wikimedia Sites. "personal information" Information you provide us or information we collect from you that could be used to personally identify you. To be clear, while we do not necessarily collect all of the following types of information, we consider at least the following to be “personal information” if it is otherwise nonpublic and can be used to identify you: (a) your real name, address, phone number, email address, password, identification number on government-issued ID, IP address, user-agent information, credit card number; (b) when associated with one of the items in subsection (a), any sensitive data such as date of birth, gender, sexual orientation, racial or ethnic origins, marital or familial status, medical conditions or disabilities, political affiliation, and religion; and (c) any of the items in subsections (a) or (b) when associated with your user account. "third party" / "third parties" Individuals, entities, websites, services, products, and applications that are not controlled, managed, or operated by the Wikimedia Foundation. This includes other Wikimedia users and independent organizations or groups who help promote the Wikimedia movement such as Wikimedia chapters, thematic organizations, and user groups as well as volunteers, employees, directors, officers, grant recipients, and contractors of those organizations or groups. What This Privacy Policy Does & Doesn't Cover Except as explained below, this Privacy Policy applies to our collection and handling of information about you that we receive as a result of your use of any of the Wikimedia Sites. This Policy also applies to information that we receive from our partners or other third parties. To understand more about what this Privacy Policy covers, please see below. Examples of What This Privacy Policy Covers This Privacy Policy, however, does not cover some situations where we may gather or process information. For example, some uses may be covered by separate privacy policies (like those of the Wikimedia Shop) or sites or services run by third parties (such as third-party developer projects on Wikimedia Cloud Services). To understand more about what this Privacy Policy does not cover, please see below. Want to help translate? Translate the missing messages. More on what this Privacy Policy doesn’t cover Where community policies govern information, such as the CheckUser policy, the relevant community may add to the rules and obligations set out in this Policy. However, they are not permitted to create new exceptions or otherwise reduce the protections offered by this Policy. WMF chart.png Collection & Use of Info Types of Information We Receive From You & How We Get It Your Public Contributions Whatever you post on Wikimedia Sites can be seen and used by everyone. When you make a contribution to any Wikimedia Site, including on user or discussion pages, you are creating a permanent, public record of every piece of content added, removed, or altered by you. The page history will show when your contribution or deletion was made, as well as your username (if you are signed in) or your IP address (if you are not signed in). We may use your public contributions, either aggregated with the public contributions of others or individually, to create new features or data-related products for you or to learn more about how the Wikimedia Sites are used. Publicly Visible Information Back to top WWC arrow up.png Account Information & Registration You do not need to create an account to use any Wikimedia Site. If you do create an account, you do not need to give us your name or email address. If you do not create an account, your contributions will be publicly attributed to your IP address. Want to create an account? Great! Don't want to create an account? No problem! You are not required to create an account to read or contribute to a Wikimedia Site, except under rare circumstances. However, if you contribute without signing in, your contribution will be publicly attributed to the IP address associated with your device. If you want to create a standard account, in most cases we require only a username and a password. More on Usernames To gain a better understanding of the demographics of our users, to localize our services and to learn how we can improve our services, we may ask you for more demographic information, such as gender or age, about yourself. We will tell you if such information is intended to be public or private, so that you can make an informed decision about whether you want to provide us with that information. Providing such information is always completely optional. If you don't want to, you don't have to—it's as simple as that. Back to top WWC arrow up.png Location Information GPS & Other Location Technologies Some features we offer work better if we know what area you are in. If you consent, we can use GPS (and other technologies commonly used to determine location) to show you more relevant content. We keep information obtained by these technologies confidential, except as provided in this Policy. You can learn more by checking out the list of examples of how we use these technologies in our FAQ. Back to top WWC arrow up.png Metadata Sometimes, we automatically receive location data from your device. For example, if you want to upload a photo on the Wikimedia Commons mobile app, we may receive metadata, such as the place and time you took the photo, automatically from your device. Please be aware that, unlike location information collected using GPS signals described above, the default setting on your mobile device typically includes the metadata in your photo or video upload to the Wikimedia Sites. If you do not want metadata sent to us and made public at the time of your upload, please change your settings on your device. Back to top WWC arrow up.png IP Addresses Finally, when you visit any Wikimedia Site, we automatically receive the IP address of the device (or your proxy server) you are using to access the Internet, which could be used to infer your geographical location. Back to top WWC arrow up.png Information Related to Your Use of the Wikimedia Sites We use certain technologies to collect information about how you use Wikimedia Sites. Like other websites, we receive some information about you automatically when you visit the Wikimedia Sites. We also use a variety of commonly-used technologies, like cookies, to collect information regarding how you use the Wikimedia Sites, make our services safer and easier to use, and to help create a better and more customizable experience for you. We want to make the Wikimedia Sites better for you by learning more about how you use them. Examples of this might include how often you visit the Wikimedia Sites, what you like, what you find helpful, how you get to the Wikimedia Sites, and whether you would use a helpful feature more if we explained it differently. We also want this Policy and our practices to reflect our community's values. For this reason, we keep information related to your use of the Wikimedia Sites confidential, except as provided in this Policy. Back to top WWC arrow up.png Information We Receive Automatically Because of how browsers work, we receive some information automatically when you visit the Wikimedia Sites. This information includes the type of device you are using (possibly including unique device identification numbers, for some beta versions of our mobile applications), the type and version of your browser, your browser's language preference, the type and version of your device's operating system, in some cases the name of your internet service provider or mobile carrier, the website that referred you to the Wikimedia Sites, which pages you request and visit, and the date and time of each request you make to the Wikimedia Sites. Put simply, we use this information to enhance your experience with Wikimedia Sites. For example, we use this information to administer the sites, provide greater security, and fight vandalism; optimize mobile applications, customize content and set language preferences, test features to see what works, and improve performance; understand how users interact with the Wikimedia Sites, track and study use of various features, gain understanding about the demographics of the different Wikimedia Sites, and analyze trends. Back to top WWC arrow up.png Information We Collect We use a variety of commonly-used technologies, like cookies, to understand how you use the Wikimedia Sites, make our services safer and easier to use, and to help create a better and more customizable experience for you. We actively collect some types of information with a variety of commonly-used technologies. These generally include tracking pixels, JavaScript, and a variety of "locally stored data" technologies, such as cookies and local storage. We realize that some of these technologies do not have the best reputation in town and can be used for less-than-noble purposes. So we want to be as clear as we can about why we use these methods and the type of information we collect with them. Depending on which technology we use, locally stored data can be anything from text, pictures, and whole articles (as we explain further below) to Personal Information (like your IP address) and information about your use of the Wikimedia Sites (like your username or the time of your visit). We use this information to make your experience with the Wikimedia Sites safer and better, to gain a greater understanding of user preferences and their interaction with the Wikimedia Sites, and to generally improve our services. We will never use third-party cookies, unless we get your permission to do so. If you ever come across a third-party data collection tool that has not been authorized by you (such as one that may have been mistakenly placed by another user or administrator), please report it to us at privacy@wikimedia.org. More on Locally Stored Data Want to know even more? You can read more about some of the specific cookies we use, when they expire, and what we use them for in our FAQ. We believe this data collection helps improve your user experience, but you may remove or disable some or all locally stored data through your browser settings, depending on your browser. You can learn more about some options you have in our FAQ. While locally stored data may not be necessary to use our sites, some features will not function properly if you disable locally stored data. While the examples above concerning information about you collected through the use of data collection tools are kept confidential in accordance with this Policy, please note that some information about the actions taken by your username is made publicly available through public logs alongside actions taken by other users. For example, a public log may include the date your account was created on a Wikimedia Site along with the dates that other accounts were created on a Wikimedia Site. Back to top WWC arrow up.png How We Use Information We Receive From You We and our service providers use your information for the legitimate purpose of pursuing our charitable mission, including: Operating the Wikimedia Sites, sharing your contributions and administering our Services. Providing customized Services. Sending emails with news updates, surveys and communications about items we believe may be of interest to you. Sending optional surveys and requesting feedback. Improving the Wikimedia Sites and making your user experience safer and better. Back to top WWC arrow up.png Other Location Information GPS & Other Location Technologies As stated above, we can use commonly-used location technologies to show you more relevant content. For example, our mobile apps can identify articles from the Wikimedia sites about points of interest near your location. As a reminder, you can deactivate our access to these location technologies at any time, and still use the Wikimedia Sites. Back to top WWC arrow up.png Metadata As stated above, we may automatically receive location data from your device. For example, if you upload a photo using the Wikimedia Commons mobile app, please be aware that the default setting on your mobile device typically results in the metadata associated with your photo being included in the upload. As a reminder, if you do not want metadata sent to us and made public at the time of your upload, please change your settings on your device. Back to top WWC arrow up.png IP Addresses When you visit any Wikimedia Site, we automatically receive the IP address of the device (or your proxy server) you are using to access the Internet, which could be used to infer your geographical location. We keep IP addresses confidential, except as provided in this Policy. If you are visiting Wikimedia Sites with your mobile device, we may use your IP address to provide anonymized or aggregated information to service providers regarding the volume of usage in certain areas. We use this location information to make your experience with the Wikimedia Sites safer and better, to gain a greater understanding of user preferences and their interaction with the Wikimedia Sites, and to generally improve our services. For example, we use this information to provide greater security, optimize mobile applications, and learn how to expand and better support Wikimedia communities. We also use Personal Information in the manner described in the sections of this Policy titled "For Legal Reasons" and "To Protect You, Ourselves & Others." Back to top WWC arrow up.png WMF share.png Sharing When May We Share Your Information? With Your Permission We may share your information when you give us specific permission to do so, for legal reasons, and in the other circumstances described below. We share your information for a particular purpose, if you agree. You can find more information in the list of examples in our FAQ. Back to top WWC arrow up.png For Legal Reasons We will disclose your information in response to an official legal process only if we believe it to be legally valid. We will notify you of such requests when possible. We will access, use, preserve, and/or disclose your Personal Information if we reasonably believe it necessary to satisfy a valid and legally enforceable warrant, subpoena, court order, law or regulation, or other judicial or administrative order. However, if we believe that a particular request for disclosure of a user's information is legally invalid or an abuse of the legal system and the affected user does not intend to oppose the disclosure themselves, we will try our best to fight it. We are committed to notifying you via email at least ten (10) calendar days, when possible, before we disclose your Personal Information in response to a legal demand. However, we may only provide notice if we are not legally restrained from contacting you, there is no credible threat to life or limb that is created or increased by disclosing the request, and you have provided us with an email address. Nothing in this Privacy Policy is intended to limit any legal objections or defenses you may have to a third party's request (whether it be civil, criminal, or governmental) to disclose your information. We recommend seeking the advice of legal counsel immediately if such a request is made involving you. For more information, see our Subpoena FAQ. Back to top WWC arrow up.png If the Organization is Transferred (Really Unlikely!) In the unlikely event that the ownership of the Foundation changes, we will provide you 30 days’ notice before any personal information is transferred to the new owners or becomes subject to a different privacy policy. In the extremely unlikely event that ownership of all or substantially all of the Foundation changes, or we go through a reorganization (such as a merger, consolidation, or acquisition), we will continue to keep your Personal Information confidential, except as provided in this Policy, and provide notice to you via the Wikimedia Sites and a notification on WikimediaAnnounce-L or similar mailing list at least thirty (30) calendar days before any Personal Information is transferred or becomes subject to a different privacy policy. Back to top WWC arrow up.png To Protect You, Ourselves & Others We, or users with certain administrative rights, may disclose information that is reasonably necessary to: enforce or investigate potential violations of the Wikimedia Foundation or community-based policies; protect our organization, infrastructure, employees, contractors, or the public; or prevent imminent or serious bodily harm or death to a person. We, or particular users with certain administrative rights as described below, may need to share your Personal Information if it is reasonably believed to be necessary to enforce or investigate potential violations of our Terms of Use, this Privacy Policy, or any Wikimedia Foundation or user community-based policies. We may also need to access and share information to investigate and defend ourselves against legal threats or actions. Wikimedia Sites are collaborative, with users writing most of the policies and selecting from amongst themselves people to hold certain administrative rights. These rights may include access to limited amounts of otherwise nonpublic information about recent contributions and activity by other users. They use this access to help protect against vandalism and abuse, fight harassment of other users, and generally try to minimize disruptive behavior on the Wikimedia Sites. These various user-selected administrative groups have their own privacy and confidentiality guidelines, but all such groups are supposed to agree to follow our Access to Nonpublic Information Policy. These user-selected administrative groups are accountable to other users through checks and balances: users are selected through a community-driven process and overseen by their peers through a logged history of their actions. However, the legal names of these users are not known to the Wikimedia Foundation. We hope that this never comes up, but we may disclose your Personal Information if we believe that it's reasonably necessary to prevent imminent and serious bodily harm or death to a person, or to protect our organization, employees, contractors, users, or the public. We may also disclose your Personal Information if we reasonably believe it necessary to detect, prevent, or otherwise assess and address potential spam, malware, fraud, abuse, unlawful activity, and security or technical concerns. (Check out the list of examples in our FAQ for more information.) Back to top WWC arrow up.png To Our Service Providers We may disclose personal information to our third party service providers or contractors to help run or improve the Wikimedia Sites and provide services in support of our mission. As hard as we may try, we can't do it all. So sometimes we use third-party service providers or contractors who help run or improve the Wikimedia Sites for you and other users. We give access to your Personal Information to these providers or contractors as needed to perform their services for us or to use their tools and services. We put requirements, such as confidentiality agreements, in place to help ensure that these service providers treat your information consistently with, and no less protective of your privacy than, the principles of this Policy. (Check out the list of examples in our FAQ.) If you are visiting Wikimedia Sites with your mobile device, we use your IP address to provide anonymized or aggregated information to service providers regarding the volume of usage in certain areas. Back to top WWC arrow up.png To Understand & Experiment We give volunteer developers and researchers access to systems that contain your information to allow them to protect, develop, and contribute to the Wikimedia Sites. We also share non-Personal Information or aggregated information with third parties interested in studying the Wikimedia Sites. When we share information with third parties for these purposes, we put reasonable technical and contractual protections in place to protect your information consistent with this Policy. The open-source software that powers the Wikimedia Sites depends on the contributions of volunteer software developers, who spend time writing and testing code to help it improve and evolve with our users' needs. To facilitate their work, we give some developers limited access to systems that contain your Personal Information, but only as reasonably necessary for them to develop and contribute to the Wikimedia Sites. Similarly, we share non-Personal Information or aggregated information with researchers, scholars, academics, and other interested third parties who wish to study the Wikimedia Sites. Sharing this information helps them understand usage, viewing, and demographics statistics and patterns. They then can share their findings with us and our users so that we can all better understand and improve the Wikimedia Sites. When we give access to personal information to third-party developers or researchers, we put requirements, such as reasonable technical and contractual protections, in place to help ensure that these service providers treat your information consistently with the principles of this Policy and in accordance with our instructions. If these developers or researchers later publish their work or findings, we ask that they not disclose your personal information. Please note that, despite the obligations we impose on developers and researchers, we cannot guarantee that they will abide by our agreement, nor do we guarantee that we will regularly screen or audit their projects. (You can learn more about re-identification in our FAQ.) Back to top WWC arrow up.png Because You Made It Public Information that you post is public and can been seen and used by everyone. Any information you post publicly on the Wikimedia Sites is just that – public. For example, if you put your mailing address on your talk page, that is public, and not protected by this Policy. And if you edit without registering or logging into your account, your IP address will be seen publicly. Please think carefully about your desired level of anonymity before you disclose Personal Information on your user page or elsewhere. Back to top WWC arrow up.png WMF safe.png Protection How Do We Protect Your Data? We use a variety of physical and technical measures, policies, and procedures to help protect your information from unauthorized access, use, or disclosure. We strive to protect your information from unauthorized access, use, or disclosure. We use a variety of physical and technical measures, policies, and procedures (such as access control procedures, network firewalls, and physical security) designed to protect our systems and your Personal Information. Unfortunately, there's no such thing as completely secure data transmission or storage, so we can't guarantee that our security will not be breached (by technical measures or through violation of our policies and procedures). We will never ask for your password by email (but may send you a temporary password via email if you have requested a password reset). If you ever receive an email that requests your password, please let us know by sending it to privacy@wikimedia.org, so we can investigate the source of the email. Back to top WWC arrow up.png How Long Do We Keep Your Data? Except as otherwise stated in this policy, we only keep your Personal Information as long as necessary to maintain, understand and improve the Wikimedia Sites or to comply with U.S. law. Once we receive Personal Information from you, we keep it for the shortest possible time that is consistent with the maintenance, understanding, and improvement of the Wikimedia Sites, and our obligations under applicable U.S. law. Non-personal information may be retained indefinitely. (Check out the list of examples in our FAQ.) Please remember that certain information, such as your IP address (if you edit while not logged in) and any public contributions to the Wikimedia Sites, is archived and displayed indefinitely by design; the transparency of the projects’ contribution and revision histories is critical to their efficacy and trustworthiness. To learn more about our data retention practices, see our data retention guidelines. For further information about how you may request access to or deletion of your Personal Information, or other rights you may have with respect to your Personal Information, see our FAQ. Back to top WWC arrow up.png WMF sign.png Important info For the protection of the Wikimedia Foundation and other users, if you do not agree with this Privacy Policy, you may not use the Wikimedia Sites. Where is the Foundation & What Does That Mean for Me? The Wikimedia Foundation is a non-profit organization based in San Francisco, California, with servers and data centers located in the U.S. If you decide to use Wikimedia Sites, whether from inside or outside of the U.S., you understand that your Personal Information will be collected, transferred, stored, processed, disclosed and otherwise used in the U.S. as described in this Privacy Policy. You also understand that your information may be transferred by us from the U.S. to other countries, which may have different or less stringent data protection laws than your country, in connection with providing services to you. Back to top WWC arrow up.png Our Response to Do Not Track (DNT) signals We do not allow tracking by third-party websites you have not visited. We do not share your data with third parties for marketing purposes. We are strongly committed to not sharing nonpublic information and Personal Information with third parties. In particular, we do not allow tracking by third-party websites you have not visited (including analytics services, advertising networks, and social platforms), nor do we share your Personal Information with any third parties for marketing purposes. Under this Policy, we may share your information only under particular situations, which you can learn more about in the “When May We Share Your Information” section of this Privacy Policy. Because we protect all users in this manner, we do not change our behavior in response to a web browser's "do not track" signal. For more information regarding Do Not Track signals and how we handle them, please visit our FAQ. Back to top WWC arrow up.png Changes to This Privacy Policy Substantial changes to this Policy will not be made until after a public comment period of at least 30 days. Because things naturally change over time and we want to ensure our Privacy Policy accurately reflects our practices and the law, it may be necessary to modify this Privacy Policy from time to time. We reserve the right to do so in the following manner: In the event of substantial changes, we will provide the proposed changes to our users in at least three (3) languages (selected at our discretion) for open comment period lasting at least thirty (30) calendar days. Prior to the start of any comment period, we will provide notice of such changes and the opportunity to comment via the Wikimedia Sites, and via a notification on WikimediaAnnounce-L or a similar mailing list. For minor changes, such as grammatical fixes, administrative or legal changes, or corrections of inaccurate statements, we will post the changes and, when possible, provide at least three (3) calendar days' prior notice via WikimediaAnnounce-L or similar mailing list. We ask that you please review the most up-to-date version of our Privacy Policy. Your continued use of the Wikimedia Sites after this Privacy Policy becomes effective constitutes acceptance of this Privacy Policy on your part. Your continued use of the Wikimedia Sites after any subsequent version of this Privacy Policy becomes effective, following notice as outlined above, constitutes acceptance of that version of the Privacy Policy on your part. Contact Us If you have questions or suggestions about this Privacy Policy, or the information collected under this Privacy Policy, please email us at privacy@wikimedia.org or contact us directly. Depending on your jurisdiction, you also may have the right to lodge a complaint with a supervisory authority competent for your country or region. Thank You! Thank you for reading our Privacy Policy. We hope you enjoy using the Wikimedia Sites and appreciate your participation in creating, maintaining, and constantly working to improve the largest repository of free knowledge in the world. Please note that in the event of any differences in meaning or interpretation between the original English version of this Privacy Policy and a translation, the original English version takes precedence. Dropbox Terms of Service Posted: April 17, 2018 Effective: May 25, 2018 Thanks for using Dropbox! These terms of service (“Terms”) cover your use and access to our services, client software and websites ("Services"). If you reside outside of the United States of America, Canada and Mexico (“North America”) your agreement is with Dropbox International Unlimited Company, and if you reside in North America your agreement is with Dropbox, Inc. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization. Your Stuff & Your Permissions When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services. We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing, and searching. These and other features may require our systems to access, store, and scan Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with. Sharing Your Stuff Our Services let you share Your Stuff with others, so please think carefully about what you share. Your Responsibilities You’re responsible for your conduct. Your Stuff and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services. Help us keep you informed and Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account. You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13, or in some cases, even older. If you live in France, Germany, or the Netherlands, you must be at least 16. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Services. Software Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so. Beta Services We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Dropbox’s other services, so please keep that in mind. Our Stuff The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Dropbox trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you. Copyright We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: Copyright Agent Dropbox, Inc. 333 Brannan Street San Francisco, CA 94107 copyright@dropbox.com Paid Accounts Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account"). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws. No Refunds. You may cancel your Dropbox Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account. Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels. Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account. Dropbox Teams Email address. If you sign up for a Dropbox account with an email address provisioned by your organization, your organization may be able to block your use of Dropbox until you transition to an account on a Dropbox team (e.g., Dropbox Business or Dropbox Education plans) or you associate your Dropbox account with a personal email address. Using Dropbox Teams. If you join a Dropbox team, you must use it in compliance with your organization's terms and policies. Please note that Dropbox team accounts are subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Dropbox team account. They may also be able to restrict or terminate your access to a Dropbox team account. If you convert an existing Dropbox account into part of a Dropbox team, your administrators may prevent you from later disassociating your account from the Dropbox team. Termination You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if: (a) you’re in breach of these Terms, (b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or (c) you don’t have a Paid Account and haven't accessed our Services for 12 consecutive months. We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services. We won’t provide notice before termination where: (a) you’re in material breach of these Terms, (b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or (c) we're prohibited from doing so by law. Discontinuation of Services We may decide to discontinue the Services in response to unforeseen circumstances beyond Dropbox’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for. Services “AS IS” We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, DROPBOX AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. Limitation of Liability WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR DROPBOX’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, DROPBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR: i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT DROPBOX OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, DROPBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. DROPBOX AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH DROPBOX. Resolving Disputes Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Dropbox, you agree to try to resolve the dispute informally by contacting dispute-notice@dropbox.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Dropbox may bring a formal proceeding. Judicial forum for disputes. You and Dropbox agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Dropbox consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements. IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: We Both Agree To Arbitrate. You and Dropbox agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first registering your account. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to. Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Dropbox will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Dropbox will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Exceptions to Agreement to Arbitrate. Either you or Dropbox may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void. Controlling Law These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws. Entire Agreement These Terms constitute the entire agreement between you and Dropbox with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. Waiver, Severability & Assignment Dropbox’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Dropbox may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Modifications We may revise these Terms from time to time to better reflect: (a) changes to the law, (b) new regulatory requirements, or (c) improvements or enhancements made to our Services. If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms. Alibaba Transaction Services Agreement PART A: New Version (Effective as of May 25, 2018) (Updated as of May 24, 2018) PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS. Thank you for trading on Alibaba.com’s web-based transaction platforms. This Transaction Services Agreement (this “Agreement”) describes the terms and conditions on which you conclude online transactions for products and services by using the online transaction sites in relation to www.alibaba.com and www.aliexpress.com (the “Alibaba.com Sites”). This Agreement contains various limitations on Alibaba.com’s transaction services as well as gives various powers and authority to Alibaba.com with respect to online transactions using Alibaba.com’s transaction services. This includes without limitation the power and authority to reject or cancel an online transaction, to refund the funds to a buyer or to release the funds to a seller. You should read this Agreement and to the extent as applicable, the relevant transactional terms, and other rules and policies of Alibaba.com and (i) Alipay Services Agreement made between you as a User (as defined below) and Alipay Singapore E-Commerce Private Limited (“Alipay”) (the “Alipay Services Agreement”), and (ii) Alibaba.com Supplemental Services Agreement between you as a User and Alibaba.com (as defined below)(the “Alibaba.com Supplemental Services Agreement”) carefully which are hereby incorporated into this Agreement by reference. 1. Application and Acceptance of Terms 1.1 Contracting Party. This Agreement is entered into between you (also referred to as “Member” hereinafter) and the Alibaba.com entity listed below (“Alibaba.com” or “we”) for use of Alibaba.com’s certain transaction services as described below. If you are registered or resident outside the mainland China, you are contracting with Alibaba.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D). If you are registered or resident in the mainland China, you are contracting with Alibaba.com Singapore E-Commerce Private Limited and Alibaba (China) Technology Co Ltd. Alibaba (China) Technology Co Ltd provides technical support in connection with the transaction services utilizing its strengths in network technologies, etc. 1.2 Transactional Terms. Alibaba.com provides an online transaction platform and ancillary services (“Transaction Services”) on the Alibaba.com Sites which allow registered members of the Alibaba.com Sites to conclude online transactions for products or services within the Alibaba.com Sites subject to the terms of this Agreement. Alibaba.com may publish transaction rules, dispute rules and other rules and policies for any type of online transactions and any subsequent amendments or modifications (“Transactional Terms”) as may be made from time to time. Such Transactional Terms are expressly incorporated into this Agreement by reference and you agree to be bound by such rules and policies. As some or part of the Transaction Services may be supported and provided by affiliates of Alibaba.com, Alibaba.com may delegate some of the Transaction Services to its affiliates, particularly Alibaba.com (Europe) Limited incorporated in the United Kingdom, who you agree may invoice you for their part of the Transaction Services. 1.3 General Terms. You agree that you shall also comply with relevant rules and policies published on the Alibaba.com Sites which are also incorporated into this Agreement by reference (“General Terms”). The General Terms include without limitation: · Terms of Use; · Product Listing Policy; · Privacy Policy; and · Intellectual Property Right (IPR) Protection Policy. 1.4 Binding Agreement. This Agreement, including the Transactional Terms and the General Terms, and,to the extent as applicable, the Alipay Services Agreement and the Alibaba.com Supplemental Services Agreement, form a legally binding agreement between you and Alibaba.com in relation to your use of the Transaction Services. By accessing and using the Transaction Services, you agree to accept and be bound by this Agreement. Please do not use the Transaction Services if you do not accept all of the terms of this Agreement. 1.5 Amendments. Alibaba.com may amend any terms of this Agreement including the Transactional Terms and the General Terms at any time by posting the relevant amended and restated version on the Sites. The amended terms shall be effective immediately upon posting. We will endeavor to give you advance notice of material changes to this Agreement. By continuing to use the Transaction Services, you agree that the amended terms will apply to you. This Agreement may not otherwise be amended except in writing by an authorized officer of Alibaba.com. 1.6 Language Version. Unless otherwise Alibaba.com has posted or provided a translation of the English version of any terms of this Agreement including the Transactional Terms and the General Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Transaction Services. 1.7 Alibaba.com Affiliates. Some of the Transaction Services may be supported by our affiliates. 1.8 Additional Terms. In some cases, you may be required to additionally enter into a separate agreement with Alibaba.com or our affiliates in connection with the Transaction Services (“Additional Terms”). If there is any contradiction between the provisions of this Agreement and the provisions of the Additional Terms, the Additional Terms shall govern the relevant types of Transaction Services or Online Transactions, as appropriate. 1.9 Membership Services. This Agreement does not affect your agreement with us or any of our affiliates concerning your subscription and use of the membership services of the Sites, unless otherwise stipulated in this Agreement or the relevant service agreement. 2. Transaction Services 2.1 Transaction Services. Alibaba.com’s Transaction Services are designed to facilitate registered members of the Alibaba.com Sites to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites (“Online Transactions”), which may include certain services which will be either supported by (i) Alipay or its affiliates, or (ii) Alibaba.com. Alibaba.com reserves the right to change, upgrade, modify, limit or suspend the Transaction Services or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Alibaba.com further reserves the right to introduce new features, functionalities or applications to the Transaction Services or to future versions of the Transaction Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise expressly stated by Alibaba.com. 2.2 Members Only. Alibaba.com’s Transaction Services are only available to registered members of the Alibaba.com Sites. If your subscription to the paid or free membership of the Alibaba.com Sites expires or is early terminated for any reason, you are not eligible to use the Transaction Services. In the event that you have a valid Online Transaction under this Agreement whilst your paid or free membership registration on the Alibaba.com Sites is terminated, Alibaba.com shall have the full discretion and authority to refund to Buyer and/or release to Seller (both Buyer and Seller as defined below) all or part of the funds under the Online Transactions as Alibaba.com considers appropriate. If you are a Seller, you are required to a valid bank account subject to verification and confirmation by Alibaba.com and our affiliates. 2.3 Types of Transactions. Alibaba.com’s Transaction Services are available to types of Online Transactions permitted by Alibaba.com only. For any type of Online Transactions, Alibaba.com may limit any or all of the Transaction Services to a specified group of members in accordance with the relevant Transactional Terms. The types of Online Transactions and other benefits, features and functions of the Transaction Services available to a registered member may vary for different countries and regions. No warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all members. 2.4 Lawful Items.The products or services of an Online Transaction using the Transaction Services must be lawful items and must not be otherwise prohibited or restricted by this clause 2.4. You shall not use the Transaction Services in connection with any Online Transaction that: (a) may infringe Alibaba.com’s or any third party’s legitimate rights including but not limited to copyright, trademark right, patent or other intellectual property rights. (b) may be in breach of the Product Listing Policy or the Intellectual Property Right (IPR) Protection Policy; (c) may be in breach of other terms of this Agreement including the Transactional Terms and the General Terms. Alibaba.com shall have the right to refuse or cancel any Online Transaction in breach of this clause 2.4. 2.5 Refuse or Cancel Transactions. Apart from clause 2.4, Alibaba.com reserves the right, at our sole discretion, to refuse or cancel any Online Transaction for any reason. Some situations that may result in an Online Transaction being rejected or canceled include where problems are identified by our credit and fraud control department, where Alibaba.com has reason to believe the Online Transaction is unauthorized, violates any law, rule or regulations or may otherwise subject Alibaba.com or any of our affiliates to liability. Alibaba.com may also require additional verifications or information for any Online Transaction. 2.6 Alipay Services and Alibaba.com Supplemental Services. (a)(i) Alibaba.com may, through Alipay, provide certain services for certain Online Transactions (“Alipay Services”). Alipay Services are provided by Alipay Singapore E-Commerce Private Limited and its affiliates (collectively, “Alipay”) to receive payment of funds in support of Alibaba.com Sites for the Online Transactions. The Alipay Services are provided in accordance with the terms and conditions set out in the Alipay Services Agreement . (a)(ii) Alibaba.com may, through its affiliates particularly Alibaba.com (Europe) Limited, provide certain services for certain Online Transactions (“Alibaba.com Supplemental Services”). Alibaba.com Supplemental Services are provided by Alibaba.com to receive payment of funds in support of Alibaba.com Sites for the Online Transactions. The Alibaba.com Supplemental Services are provided in accordance with the terms and conditions set out in the Alibaba.com Supplemental Services Agreement . (b) Buyer Protection Plan. Alibaba.com may also provide buyer protection plan for certain Online Transactions. In case of Seller who has been offered to subscribe to the buyer protection plan, upon entering into a separate agreement with Alipay or Alibaba.com (as the case may be), Seller may be required to provide deposits using the methods as designated by Alipay or Alibaba.com on the Alibaba.com Sites to secure Seller’s due performance of obligations under the relevant buyer protection plan. Seller agrees to permit and hereby authorize Alibaba.com to deduct, withhold and dispose any deposits provided in accordance with the terms under the relevant buyer protection plan. Buyer acknowledges and agrees that the protection afforded to you under a buyer protection plan applies to those Online Transactions where the Seller subscribed to such plan and the purchase falls within the buyer protection plan’s scope and (i) Alipay Services under clause 3.4 of the Alipay Services Agreement and (ii) Alibaba.com Supplemental Services under clause 3.4 of the Alibaba.com Supplemental Services Agreement will not be applicable to you for such Online Transactions if Seller subscribed to buyer protection plan and such plan already covers your purchase. Buyer acknowledges and agrees Alibaba.com will add guarantees for the seller on such Online Transactions within the scope of buyer protection plan. The guarantee service will be performed according to the agreement reached between the guarantee service provider and the Seller. 2.7 Transactional Terms. For any type of Online Transactions, Alibaba.com may impose additional restrictions, limitations and prohibitions as well as penalties for any violations in the relevant Transactional Terms. 2.8 Disputes between Buyers and Sellers. You agree that any Dispute arising between you and the other party to an Online Transaction will be handled in accordance with clause 10, and that Alibaba.com shall have the full right and power to make a determination for such Dispute. Upon receipt of a Dispute, Alibaba.com shall have the right to request either or both of Buyer and Seller to provide supporting documents. You agree that Alibaba.com shall have the absolute discretion to reject or receive any supporting document. You also acknowledge that Alibaba.com is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. Further, we do not warrant that the supporting documents that the parties to the Dispute submit will be true, complete or accurate. You agree not to hold Alibaba.com and our affiliates liable for any material which is untrue or misleading. 2.9 Powers of Alibaba.com. you expressly acknowledge and agree that Alibaba.com shall have the full power, authority and discretion to reject or cancel an Online Transaction and to make a determination on any dispute between buyer and seller including the remittance of the funds under an online transaction that are held by Alipay as instructed by Alibaba.com in accordance with this Agreement, the Alipay Services Agreement . and the relevant transactional terms. You also acknowledge that this Agreement, the Alipay Services Agreement, the Alibaba.com Supplemental Services Agreement and the relevant Transactional Terms may not cover all issues that may arise in connection with an Online Transaction. You agree and accept that Alibaba.com shall have the right to modify or supplement the Transaction Terms. You further agree and accept that Alibaba.com shall have the right to make determinations wherever Alibaba.com considers appropriate having regard to the evidence received by us, commonly accepted principles and practices in the relevant industries and interests of both Buyer and Seller regardless whether the issue in question has been expressly addressed in the Transactional Terms or this Agreement. 2.10 Alibaba.com’s Records. In case of any dispute in connection with any Online Transaction, the records of Alibaba.com shall take precedence and be conclusive. 2.11 Transactions involving a third party finance provider. You agree that: (a) Alibaba.com does not guarantee any third party finance provider (the “Lender”) will provide financing to Buyer in connection with the Online Transaction and shall not be held liable to Buyer or Seller in connection with any third party financing in connection with the Online Transaction; (b) each of Buyer and Seller hereby authorizes Alibaba.com to disclose information related to Buyer, Seller and/or the Online Transaction to the Lender in connection with the Lender’s provision of financing for the Online Transaction; and (c) any dispute with the Lender in connection with the Online Transaction shall be resolved between the Lender and the Buyer. Notwithstanding the power given to Alibaba.com under this Agreement, it is not Alibaba.com’s obligation to resolve or assist in the resolution of such dispute. 3. Transactions between Sellers and Buyers 3.1 Seller and Buyer. For the purpose of this Agreement, the term “Seller” means the registered member who supplies the product(s) or service(s) under an Online Transaction, and the term “Buyer” means the registered member who purchases or acquires the product(s) or service(s) under an Online Transaction. 3.2 Online Order. Seller and Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable standard order form on the Alibaba.com Sites. Seller and Buyer yourselves shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order form, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping etc. Alibaba.com may refuse to process or cancel any Online Transaction which in Alibaba.com’s reasonable opinion, has insufficient information to constitute a binding contract. 3.3 Online Transactions Subject to This Agreement. An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement and the Transactional Terms. Seller and Buyer shall complete the Online Transaction according to the terms of the online order, the relevant Transactional Terms and this Agreement. Seller or Buyer may only cancel any Online Transaction according to the relevant Transactional Terms. 3.4 Transaction between Seller and Buyer Only. Each Online Transaction is made by and between a Seller and a Buyer only. Despite that Alibaba.com provides the Transaction Services and, if applicable, may conduct formality review of an Online Transaction, Alibaba.com shall not be considered as a party to the Online Transaction. Alibaba.com does not represent Seller or Buyer in any Online Transaction. Alibaba.com will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction or the ability of either Seller or Buyer to complete any Online Transaction. You agree that you will not hold Alibaba.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction. 3.5 Payment of Contract Price. For any Online Transaction, Buyer agrees to pay the full transaction price listed for Online Transaction to the Seller through the Alipay website or services of Alibaba.com unless another option is made available directly by Alibaba.com on the Alibaba.com Sites. When using Alipay or Alibaba.com to submit payment for an Alibaba.com Online Transaction, payments are (in the case of Online Transaction through Alipay) processed through accounts owned by Alipay or one of its affiliates and/or a registered third party service provider acting on Alipay’s behalf, and (in the case of Online Transaction through Alibaba.com) processed through accounts owned by Alibaba.com or one of its affiliates and/or a registered third party service provider acting on Alibaba.com’s behalf. The funds are received for the Seller in accordance with the Transaction Services Agreement. Seller agrees that the Buyer’s full payment of the transaction price listed for the Online Transaction to Alipay or Alibaba.com (as the case may be) constitutes final payment to Seller and Buyer’s payment obligation for the Online Transaction is fully satisfied upon receipt of funds by Alipay’s or Alibaba.com’s account. In the case the Online Transaction adopts Alipay Services, the payment in connection with the Online Transactions concluded will be facilitated by Alipay. Alipay shall not dispose of any such fund except in accordance with Alibaba’s terms as agreed by Seller and Buyer which are set out in the terms and conditions of this Agreement and the Alipay Services Agreement. Seller has requested and agreed that the settlement of funds to Seller be delayed as provided in the Alipay Services Agreement. By using the Alipay Services, you acknowledge and agree that Alipay is not a bank and the Alipay Services should in no way be construed as the provision of banking services. Alipay is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Alipay Services. Alipay does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on Alibaba.com Sites. You further agree that neither Buyer nor Seller will receive interest or other profits in relation to the Alipay Services. In the case the Online Transaction adopts Alibaba.com Supplemental Services, the payment in connection with the Online Transactions concluded will be facilitated by Alibaba.com. Alibaba.com shall not dispose of any such fund except in accordance with Alibaba.com’s terms as agreed by Seller and Buyer which are set out in the terms and conditions of this Agreement and the Alibaba.com Supplemental Services Agreement . Seller has requested and agreed that the settlement of funds to Seller be delayed as provided in the Alibaba.com Supplemental Services Agreement. By using the Alibaba.com Supplemental Services, you acknowledge and agree that Alibaba.com is not a bank and the Alibaba.com Supplemental Services should in no way be construed as the provision of banking services. Alibaba.com is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Alibaba.com Supplemental Services. Alibaba.com does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on Alibaba.com Sites. You further agree that neither Buyer nor Seller will receive interest or other profits in relation to the Alibaba.com Supplemental Services. In the case of e-Credit Line services, you agree that the full payment of the contract price of the Online Transaction without any deductions must be made in US dollar in clear funds by one of the payment methods designated by Alibaba.com only. In the case that the Online Transaction adopts a payment method involving a third party finance provider, the relevant funds may be paid directly to the Seller on behalf of the Buyer by such finance provider. 3.6 Payment Methods. Please note that the payment methods available on the Alibaba.com Sites may be provided by Alibaba.com’s partners. If there is any chargeback or reversal of any payment requested by a payment service partner, Seller agrees that Alibaba.com has the right to refund the money so requested by the payment service partner without liability to Seller. Alibaba.com will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant payment service partners. However, if the participation in the dispute resolution process is subject to additional fees, this will be at your own cost only. 3.7 Third Party Vendors. You may engage one or more third party vendors for the purpose of completing and fulfilling an Online Transaction such as the warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, etc. Some of such third party vendors may be partners of Alibaba.com and thus designated by Alibaba.com to you. Among such designated partners, you may be required to agree and accept the terms and conditions of their services online within the Alibaba.co Sites. Notwithstanding the foregoing circumstances, for all third party vendors, you acknowledge and agree that such third party vendors are engaged at your own discretion and cost and that you will not hold Alibaba.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such third party vendors. You shall ensure that the third parties comply with Alibaba’s Terms of Use [Link] and Privacy Policy [Link]. 3.8 Your Agent. If you are required to conclude and complete an Online Transaction through an agent e.g. a Seller may be required to engage a qualified import and export agent as its export agent, such agent is merely an agent of you. If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent. 4. Alibaba.com Service Fees 4.1 Service Fees. Alibaba.com charges service fees for Online Transactions according to the fee schedules announced by Alibaba.com on the Alibaba.com Sites. Alibaba.com reserves the right to charge any service fees for other types of Online Transactions upon reasonable prior notification published on the Sites. In the case the Online Transaction adopts Alipay Services, you hereby authorize Alibaba.com to instruct Alipay to deduct any service fees that are due and payable to Alibaba.com under an Online Transaction and to pay the same to Alibaba.com when Alipay releases any amount held by it under the Online Transaction. Neither Alibaba.com nor Alipay has any control over, and are not responsible or liable for, the products or services that are paid for with our service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. 4.2 Third Party Fees Not Included. The service fees charged by Alibaba.com do not include any fees for any service or product that you may acquire or purchase in connection with the Online Transaction. It shall be your responsibility to settle the fees with such third party vendors. 4.3 Taxes, Financial Charges Not Included. All fees charged by Alibaba.com are exclusive of any taxes, duties or other governmental levies or any financial charges. You agree to pay and be responsible for any taxes, duties, levies or charges for the use of the Transaction Services in addition to our service fees. In the event Alibaba.com is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to Alibaba.com. You will also be liable for any financial charges for remission of funds to you, and Alibaba.com shall have the right to pay such charges from such funds. Alibaba.com and Alipay shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and the party receiving the funds will bear the costs of such bank charges. 5. Member’s Responsibilities 5.1 Provision of Information and Assistance. You agree to give all notices, provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the completion of the Online Transactions and Alibaba.com’s provision of the Transaction Services. If your failure to do so results in delay in the provision of any Transaction Service, cancellation of any Online Transaction, or disposal of any funds, Alibaba.com shall not be liable for any loss or damages arising from such default. 5.2 Representations and Warranties. You represent and warrant that: (a) you will use the Transaction Services in good faith and in compliance with all applicable laws and regulations，including laws related to anti-money laundering and counter-terrorism financing； (b) all information and material you provide in connection with the use of the Transaction Services is true, lawful and accurate, and is not false, misleading or deceptive; (c) you will not use the Transaction Services to defraud Alibaba.com, our affiliates, or other members or users of the Alibaba.com Sites or engage in other unlawful activities (including without limitation dealing in products prohibited by law); and (d) in case that you are a Seller of products, you have the legitimate right and authorization to sell, distribute or export the products using the Transaction Services and such products do not infringe any third party’s rights; and (e) in case that you are a Seller of products, you have good title to the products ordered under the Online Transaction, and the products meet the agreed descriptions and requirements; and (f) in case that you are a Seller of services, you will provide the services ordered with reasonable care and skills. 5.3 Breaches. If you are, in Alibaba.com’s opinion, not acting in good faith, abusing the Transaction Services, or otherwise in breach of this Agreement, Alibaba.com shall have the right to cancel the relevant Online Transaction(s). Alibaba.com also reserves the right to impose any penalty, or to temporarily or permanently suspend or terminate your use of the Transaction Services, temporarily or permanently suspend or terminate or procure the suspension or termination of your paid or free membership on the Alibaba.com Sites. Alibaba.com also reserves the right to (i) temporarily suspend the transaction functionalities of your account with Alibaba.com for a prescribed period determined by Alibaba.com, or permanently terminate the use of your Alibaba.com account and/or (ii) authorize Alipay to temporarily suspend the transaction functionalities of your Alipay account for a prescribed period determined by Alibaba.com, or permanently terminate the use of your Alipay account. Alibaba.com may also publish the findings, penalties and other records regarding the breaches on the Alibaba.com Sites. 5.4 Obligations to Pay Taxes. You shall be solely responsible for payment of any taxes, duties or other governmental levies or any charges or fees that may be imposed on any products or services purchased or supplied under or in connection with the Online Transactions. 5.5 Feedback System. You shall not take any action which may undermine the integrity of Alibaba.com’s feedback system, such as providing positive feedback on oneself on the Alibaba.com Sites using secondary Member IDs or through third parties or by providing unsubstantiated negative feedback on another member on the Alibaba.com Sites. 5.6 Indemnification by Member. You agree to indemnify Alibaba.com and our affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the Transaction Services or from your breach of this Agreement. Alibaba.com reserves the right, at our own discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Alibaba.com in asserting any available defenses. 5.7 Collection and Use of Information for e-Credit Line services. If you have applied for and used the e-Credit Line services of Alibaba.com, you acknowledge and agree that Alibaba.com shall have the right to use the information collected about you and your Online Transactions, including but not limited to your credit information, business information, personal information (such as applicant name and home address) and financial information (the “Collected Information”) to facilitate the administration, processing, and operation of your use of the services. In connection with your use of the e-Credit Line services, Alibaba.com may use the Collected Information in the manner set out in the Privacy Policy and/or personal information collection statement relevant to the e-Credit Line services that you have agreed to prior to or during your application for and use of the e-Credit Line services. 6. Confidentiality 6.1 Confidential Obligations. You shall keep confidential all confidential information provided by other members of the Alibaba.com Sites or Alibaba.com in connection with any Online Transaction or the Transaction Services. 6.2 Confidential Information. All information and material provided by another member of the Alibaba.com Sites or Alibaba.com will be deemed to be confidential information unless such information or material is already in the public domain or has subsequently becomes public other than due to your breach of the confidential obligations. 7. Disclaimer and Limitation of Liability 7.1 No Warranty. You expressly agrees that your use of the Transaction Services is at your sole risk. TO THE FULL EXTENT PERMITTED BY LAW THE TRANSACTION SERVICES ARE PROVIDED ON THE "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASES, AND ALIBABA.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE TRANSACTION SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. ALIBABA.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, TRUTHFULNESS AND COMPLETENESS OF THE INFORMATION PROVIDED BY ANY MEMBER OF THE ALIBABA.COM SITES. YOU WILL BE SOLELY RESPONSIBLE FOR ALL CONSEQUENCES RESULTING FROM YOUR OWN JUDGEMENT AND DECISION TO USE OR OTHERWISE RELY ON SUCH INFORMATION. ALIBABA.COM AND OUR AFFILIATES FURTHER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY DISCLAIMED AND EXCLUDED. 7.2 Exclusion and Limitation of Liabilities. TO THE FULL EXTENT PERMITTED BY LAW, ALIBABA.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, TORT, EQUITY OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE TRANSACTION SERVICES. THE AGGREGATE LIABILITY OF ALIBABA.COM AND OUR AFFILIATES AND AGENTS INCLUDING BUT NOT LIMITED TO ALIBABA.COM (EUROPE) LIMITED AND ALIPAY ARISING FROM THE TRANSACTION SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE HIGHER OF THE SERVICE FEES CHARGED BY ALIBABA.COM OR US$1,000. 7.3 SOME OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE OR COUNTRY DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS UNDER YOUR LOCAL LAW IN YOUR STATE, PROVINCE OR COUNTRY THAT VARY FROM STATE TO STATE. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS IF THEY ARE APPLICABLE TO YOU. 8. Force Majeure 8.1 Force Majeure. Under no circumstances shall Alibaba.com and our affiliates and agents be held liable for any delay or failure or disruption of the Transaction Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals. 9. Notices 9.1 Notices. Except as explicitly stated otherwise, legal notices shall be served on you by sending notices to the email address in your latest membership profile on the Alibaba.com Sites. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notices by mail to the address in your latest membership profile in which case the notice shall be deemed given five days after the date of mailing. Except as explicitly stated otherwise, legal notices shall be served on Alibaba.com by sending the notices to Alibaba.com at 26/F, Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong. 10. Governing Law; Jurisdiction 10.1 GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION (“HONG KONG”) WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. 10.2 Amicable Negotiations. If any dispute or claim arises from or in connection with this Agreement, an Online Transaction or your use of the Transaction Services (“Dispute”), the relevant parties shall resolve the Dispute through amicable negotiations. 10.3 DISPUTE BETWEEN BUYER AND SELLER. IN CASE A DISPUTE ARISES BETWEEN BUYER AND SELLER FROM OR IN CONNECTION WITH AN ONLINE TRANSACTION, IF THE DISPUTE IS NOT RESOLVED THROUGH AMICABLE NEGOTIATION WITHIN THE PRESCRIBED TIME PERIOD ACCORDING TO THE RELEVANT TRANSACTIONAL TERMS, YOU AGREE TO SUBMIT THE DISPUTE TO ALIBABA.COM FOR DETERMINATION. IF YOU ARE DISSATISFIED WITH ALIBABA.COM’S DETERMINATION, YOU MUST APPLY TO THE HONG KONG ARBITRATION CENTRE (“HKIAC”) FOR ARBITRATION AND NOTIFY ALIBABA.COM OF SUCH APPLICATION WITHIN 20 CALENDAR DAYS AFTER ALIBABA.COM’S DETERMINATION. IF EACH OF BUYER AND SELLER IN THE DISPUTE DOES NOT APPLY FOR ARBITRATION WITHIN THE ABOVE 20 CALENDAR DAYS, EACH OF THE BUYER AND THE SELLER SHALL BE DEEMED TO HAVE AGREED THAT ALIBABA.COM’S DETERMINATION SHALL BE FINAL AND BINDING ON YOU. WITH A FINAL DETERMINATION, IN THE CASE THE ONLINE TRANSACTION ADOPTS THE ALIPAY SERVICES, ALIBABA.COM MAY INSTRUCT ALIPAY TO DISPOSE THE FUNDS HELD BY ALIPAY ACCORDING TO SUCH DETERMINATION, AND IN THE CASE THE ONLINE TRANSACTION ADOPTS ALIBABA.COM SUPPLEMENTAL SERVICES, ALIBABA.COM MAY DISPOSE OF THE FUNDS HELD BY ALIBABA.COM ACCORDING TO SUCH DETERMINATION. FURTHER, EACH OF BUYER AND SELLER SHALL BE DEEMED TO HAVE WAIVED ANY CLAIM AGAINST ALIBABA.COM, ALIPAY AND OUR AFFILIATES AND AGENTS. 10.4 Other Disputes. In case a Dispute arises between you and Alibaba.com in any other circumstances, if the Dispute is not resolved between you and Alibaba.com, you and Alibaba.com agree that the Dispute shall be finally resolved by arbitration with the HKIAC. 10.5 HKIAC ARBITRATION. IF ANY DISPUTE IS SUBMITTED TO THE HKIAC FOR ARBITRATION, THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF THE HKIAC IN FORCE AT THE TIME OF APPLYING FOR ARBITRATION AS AMENDED BY THIS CLAUSE. THE ARBITRATION PANEL SHALL CONSIST OF ONE SINGLE ARBITRATOR. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND IN HONG KONG. THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR SOLELY BASED ON WRITTEN SUBMISSIONS AS SPECIFIED BY THE PARTY INITIATING THE ARBITRATION, PROVIDED THAT THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE AGREED BY THE PARTIES. THE ARBITRATION AWARD RENDERED BY THE HKIAC SHALL BE FINAL AND BINDING ON ALL THE RELEVANT PARTIES. THE ARBITRATION EXPENSES SHALL BE BORNE BY THE LOSING PARTY UNLESS OTHERWISE DETERMINED IN THE AWARD. 10.6 Indemnification. If you initiate any legal proceedings against Alibaba.com or our affiliates in breach of this clause 10, including any legal proceedings disputing Alibaba.com’s determination which has become binding on you according to this clause 10, you shall hold Alibaba.com and our affiliates, agents, employees, directors, officers harmless and indemnified against any claim, losses, damages that may be suffered by us. 10.7 Limitation Period. In any event, you may not make any claim against Alibaba.com or our affiliates under this Agreement after one year from the occurrence of the matter giving rise to the claim. 10.8 Injunctive Relief. Notwithstanding the foregoing provisions, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction prior to or during the arbitration. 11. General Provisions 11.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Alibaba.com with respect to and governs the use of the Transaction Services, superseding any prior written or oral agreements in relation to the same subject matter herein. 11.2 Severance. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced. 11.3 Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 11.4 Independent Contractor. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 11.5 No Waiver. Any failure by Alibaba.com and our affiliates to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing. 11.6 Assignment. Alibaba.com shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. Alibaba.com may delegate certain of Alibaba.com rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity. PART B: Old Versions Transaction Services Agreement (Updated as of Mar 25, 2016) PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS. Thank you for trading on Alibaba.com’s web-based transaction platforms. This Alibaba.com Transaction Services Agreement (this “Agreement”) describes the terms and conditions on which you conclude online transactions for products and services by using the online transaction sites in relation to www.alibaba.com and www.aliexpress.com (the “Alibaba.com Sites”). This Agreement contains various limitations on Alibaba.com’s transaction services as well as gives various powers and authority to Alibaba.com with respect to online transactions using Alibaba.com’s transaction services. This includes without limitation the power and authority to reject or cancel an online transaction, to refund the funds to a buyer or to release the funds to a seller. You should read this Agreement and to the extent as applicable, the relevant transactional terms, and other rules and policies of Alibaba.com and (i) Alipay Services Agreement made between you as a User (as defined below) and Alipay Singapore E-Commerce Private Limited (“Alipay”) (the “Alipay Services Agreement”), and (ii) Alibaba.com Supplemental Services Agreement between you as a User and Alibaba.com (as defined below)(the “Alibaba.com Supplemental Services Agreement”) carefully which are hereby incorporated into this Agreement by reference. 1. Application and Acceptance of Terms 1.1 Contracting Party. This Agreement is entered into between you (also referred to as “Member” hereinafter) and the Alibaba.com entity listed below (“Alibaba.com” or “we”) for use of Alibaba.com’s certain transaction services as described below. If you are registered or resident outside the mainland China, you are contracting with Alibaba.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D). If you are registered or resident in the mainland China, you are contracting with Alibaba.com Singapore E-Commerce Private Limited and Alibaba (China) Technology Co Ltd. Alibaba (China) Technology Co Ltd provides technical support in connection with the transaction services utilizing its strengths in network technologies, etc. 1.2 Transactional Terms. Alibaba.com provides an online transaction platform and ancillary services (“Transaction Services”) on the Alibaba.com Sites which allow registered members of the Alibaba.com Sites to conclude online transactions for products or services within the Alibaba.com Sites subject to the terms of this Agreement. Alibaba.com may publish transaction rules, dispute rules and other rules and policies for any type of online transactions and any subsequent amendments or modifications (“Transactional Terms”) as may be made from time to time. Such Transactional Terms are expressly incorporated into this Agreement by reference and you agree to be bound by such rules and policies. As some or part of the Transaction Services may be supported and provided by affiliates of Alibaba.com, Alibaba.com may delegate some of the Transaction Services to its affiliates, particularly Alibaba.com (Europe) Limited incorporated in the United Kingdom, who you agree may invoice you for their part of the Transaction Services. 1.3 General Terms. You agree that you shall also comply with relevant rules and policies published on the Alibaba.com Sites which are also incorporated into this Agreement by reference (“General Terms”). The General Terms include without limitation: · Terms of Use; · Product Listing Policy; · Privacy Policy; and · Intellectual Property Right (IPR) Protection Policy. 1.4 Binding Agreement. This Agreement, including the Transactional Terms and the General Terms, and,to the extent as applicable, the Alipay Services Agreement and the Alibaba.com Supplemental Services Agreement, form a legally binding agreement between you and Alibaba.com in relation to your use of the Transaction Services. By accessing and using the Transaction Services, you agree to accept and be bound by this Agreement. Please do not use the Transaction Services if you do not accept all of the terms of this Agreement. 1.5 Amendments. Alibaba.com may amend any terms of this Agreement including the Transactional Terms and the General Terms at any time by posting the relevant amended and restated version on the Sites. The amended terms shall be effective immediately upon posting. We will endeavor to give you advance notice of material changes to this Agreement. By continuing to use the Transaction Services, you agree that the amended terms will apply to you. This Agreement may not otherwise be amended except in writing by an authorized officer of Alibaba.com. 1.6 Language Version. Unless otherwise Alibaba.com has posted or provided a translation of the English version of any terms of this Agreement including the Transactional Terms and the General Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Transaction Services. 1.7 Alibaba.com Affiliates. Some of the Transaction Services may be supported by our affiliates. 1.8 Additional Terms. In some cases, you may be required to additionally enter into a separate agreement with Alibaba.com or our affiliates in connection with the Transaction Services (“Additional Terms”). If there is any contradiction between the provisions of this Agreement and the provisions of the Additional Terms, the Additional Terms shall govern the relevant types of Transaction Services or Online Transactions, as appropriate. 1.9 Membership Services. This Agreement does not affect your agreement with us or any of our affiliates concerning your subscription and use of the membership services of the Sites, unless otherwise stipulated in this Agreement or the relevant service agreement. 2. Transaction Services 2.1 Transaction Services. Alibaba.com’s Transaction Services are designed to facilitate registered members of the Alibaba.com Sites to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites (“Online Transactions”), which may include certain services which will be either supported by (i) Alipay or its affiliates, or (ii) Alibaba.com. Alibaba.com reserves the right to change, upgrade, modify, limit or suspend the Transaction Services or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Alibaba.com further reserves the right to introduce new features, functionalities or applications to the Transaction Services or to future versions of the Transaction Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise expressly stated by Alibaba.com. 2.2 Members Only. Alibaba.com’s Transaction Services are only available to registered members of the Alibaba.com Sites. If your subscription to the paid or free membership of the Alibaba.com Sites expires or is early terminated for any reason, you are not eligible to use the Transaction Services. In the event that you have a valid Online Transaction under this Agreement whilst your paid or free membership registration on the Alibaba.com Sites is terminated, Alibaba.com shall have the full discretion and authority to refund to Buyer and/or release to Seller (both Buyer and Seller as defined below) all or part of the funds under the Online Transactions as Alibaba.com considers appropriate. If you are a Seller, you are required to a valid bank account subject to verification and confirmation by Alibaba.com and our affiliates. 2.3 Types of Transactions. Alibaba.com’s Transaction Services are available to types of Online Transactions permitted by Alibaba.com only. For any type of Online Transactions, Alibaba.com may limit any or all of the Transaction Services to a specified group of members in accordance with the relevant Transactional Terms. The types of Online Transactions and other benefits, features and functions of the Transaction Services available to a registered member may vary for different countries and regions. No warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all members. 2.4 Lawful Items.The products or services of an Online Transaction using the Transaction Services must be lawful items and must not be otherwise prohibited or restricted by this clause 2.4. You shall not use the Transaction Services in connection with any Online Transaction that: (a) may infringe Alibaba.com’s or any third party’s legitimate rights including but not limited to copyright, trademark right, patent or other intellectual property rights. (b) may be in breach of the Product Listing Policy or the Intellectual Property Right (IPR) Protection Policy; (c) may be in breach of other terms of this Agreement including the Transactional Terms and the General Terms. Alibaba.com shall have the right to refuse or cancel any Online Transaction in breach of this clause 2.4. 2.5 Refuse or Cancel Transactions. Apart from clause 2.4, Alibaba.com reserves the right, at our sole discretion, to refuse or cancel any Online Transaction for any reason. Some situations that may result in an Online Transaction being rejected or canceled include where problems are identified by our credit and fraud control department, where Alibaba.com has reason to believe the Online Transaction is unauthorized, violates any law, rule or regulations or may otherwise subject Alibaba.com or any of our affiliates to liability. Alibaba.com may also require additional verifications or information for any Online Transaction. 2.6 Alipay Services and Alibaba.com Supplemental Services. (a)(i) Alibaba.com may, through Alipay, provide certain services for certain Online Transactions (“Alipay Services”). Alipay Services are provided by Alipay Singapore E-Commerce Private Limited and its affiliates (collectively, “Alipay”) to receive payment of funds in support of Alibaba.com Sites for the Online Transactions. The Alipay Services are provided in accordance with the terms and conditions set out in the Alipay Services Agreement . (a)(ii) Alibaba.com may, through its affiliates particularly Alibaba.com (Europe) Limited, provide certain services for certain Online Transactions (“Alibaba.com Supplemental Services”). Alibaba.com Supplemental Services are provided by Alibaba.com to receive payment of funds in support of Alibaba.com Sites for the Online Transactions. The Alibaba.com Supplemental Services are provided in accordance with the terms and conditions set out in the Alibaba.com Supplemental Services Agreement . (b) Buyer Protection Plan. Alibaba.com may also provide buyer protection plan for certain Online Transactions. In case of Seller who has been offered to subscribe to the buyer protection plan, upon entering into a separate agreement with Alipay or Alibaba.com (as the case may be), Seller may be required to provide deposits using the methods as designated by Alipay or Alibaba.com on the Alibaba.com Sites to secure Seller’s due performance of obligations under the relevant buyer protection plan. Seller agrees to permit and hereby authorize Alibaba.com to deduct, withhold and dispose any deposits provided in accordance with the terms under the relevant buyer protection plan. Buyer acknowledges and agrees that the protection afforded to you under a buyer protection plan applies to those Online Transactions where the Seller subscribed to such plan and the purchase falls within the buyer protection plan’s scope and (i) Alipay Services under clause 3.4 of the Alipay Services Agreement and (ii) Alibaba.com Supplemental Services under clause 3.4 of the Alibaba.com Supplemental Services Agreement will not be applicable to you for such Online Transactions if Seller subscribed to buyer protection plan and such plan already covers your purchase. Buyer acknowledges and agrees Alibaba.com will add guarantees for the seller on such Online Transactions within the scope of buyer protection plan. The guarantee service will be performed according to the agreement reached between the guarantee service provider and the Seller. 2.7 Transactional Terms. For any type of Online Transactions, Alibaba.com may impose additional restrictions, limitations and prohibitions as well as penalties for any violations in the relevant Transactional Terms. 2.8 Disputes between Buyers and Sellers. You agree that any Dispute arising between you and the other party to an Online Transaction will be handled in accordance with clause 10, and that Alibaba.com shall have the full right and power to make a determination for such Dispute. Upon receipt of a Dispute, Alibaba.com shall have the right to request either or both of Buyer and Seller to provide supporting documents. You agree that Alibaba.com shall have the absolute discretion to reject or receive any supporting document. You also acknowledge that Alibaba.com is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. Further, we do not warrant that the supporting documents that the parties to the Dispute submit will be true, complete or accurate. You agree not to hold Alibaba.com and our affiliates liable for any material which is untrue or misleading. 2.9 Powers of Alibaba.com. you expressly acknowledge and agree that Alibaba.com shall have the full power, authority and discretion to reject or cancel an Online Transaction and to make a determination on any dispute between buyer and seller including the remittance of the funds under an online transaction that are held by Alipay as instructed by Alibaba.com in accordance with this Agreement, the Alipay Services Agreement . and the relevant transactional terms. You also acknowledge that this Agreement, the Alipay Services Agreement, the Alibaba.com Supplemental Services Agreement and the relevant Transactional Terms may not cover all issues that may arise in connection with an Online Transaction. You agree and accept that Alibaba.com shall have the right to modify or supplement the Transaction Terms. You further agree and accept that Alibaba.com shall have the right to make determinations wherever Alibaba.com considers appropriate having regard to the evidence received by us, commonly accepted principles and practices in the relevant industries and interests of both Buyer and Seller regardless whether the issue in question has been expressly addressed in the Transactional Terms or this Agreement. 2.10 Alibaba.com’s Records. In case of any dispute in connection with any Online Transaction, the records of Alibaba.com shall take precedence and be conclusive. 2.11 Transactions involving a third party finance provider. You agree that: (a) Alibaba.com does not guarantee any third party finance provider (the “Lender”) will provide financing to Buyer in connection with the Online Transaction and shall not be held liable to Buyer or Seller in connection with any third party financing in connection with the Online Transaction; (b) each of Buyer and Seller hereby authorizes Alibaba.com to disclose information related to Buyer, Seller and/or the Online Transaction to the Lender in connection with the Lender’s provision of financing for the Online Transaction; and (c) any dispute with the Lender in connection with the Online Transaction shall be resolved between the Lender and the Buyer. Notwithstanding the power given to Alibaba.com under this Agreement, it is not Alibaba.com’s obligation to resolve or assist in the resolution of such dispute. 3. Transactions between Sellers and Buyers 3.1 Seller and Buyer. For the purpose of this Agreement, the term “Seller” means the registered member who supplies the product(s) or service(s) under an Online Transaction, and the term “Buyer” means the registered member who purchases or acquires the product(s) or service(s) under an Online Transaction. 3.2 Online Order. Seller and Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable standard order form on the Alibaba.com Sites. Seller and Buyer yourselves shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order form, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping etc. Alibaba.com may refuse to process or cancel any Online Transaction which in Alibaba.com’s reasonable opinion, has insufficient information to constitute a binding contract. 3.3 Online Transactions Subject to This Agreement. An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement and the Transactional Terms. Seller and Buyer shall complete the Online Transaction according to the terms of the online order, the relevant Transactional Terms and this Agreement. Seller or Buyer may only cancel any Online Transaction according to the relevant Transactional Terms. 3.4 Transaction between Seller and Buyer Only. Each Online Transaction is made by and between a Seller and a Buyer only. Despite that Alibaba.com provides the Transaction Services and, if applicable, may conduct formality review of an Online Transaction, Alibaba.com shall not be considered as a party to the Online Transaction. Alibaba.com does not represent Seller or Buyer in any Online Transaction. Alibaba.com will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction or the ability of either Seller or Buyer to complete any Online Transaction. You agree that you will not hold Alibaba.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction. 3.5 Payment of Contract Price. For any Online Transaction, Buyer agrees to pay the full transaction price listed for Online Transaction to the Seller through the Alipay website or services of Alibaba.com unless another option is made available directly by Alibaba.com on the Alibaba.com Sites. When using Alipay or Alibaba.com to submit payment for an Alibaba.com Online Transaction, payments are (in the case of Online Transaction through Alipay) processed through accounts owned by Alipay or one of its affiliates and/or a registered third party service provider acting on Alipay’s behalf, and (in the case of Online Transaction through Alibaba.com) processed through accounts owned by Alibaba.com or one of its affiliates and/or a registered third party service provider acting on Alibaba.com’s behalf. The funds are received for the Seller in accordance with the Alibaba.com Transaction Services Agreement. Seller agrees that the Buyer’s full payment of the transaction price listed for the Online Transaction to Alipay or Alibaba.com (as the case may be) constitutes final payment to Seller and Buyer’s payment obligation for the Online Transaction is fully satisfied upon receipt of funds by Alipay’s or Alibaba.com’s account. In the case the Online Transaction adopts Alipay Services, the payment in connection with the Online Transactions concluded will be facilitated by Alipay. Alipay shall not dispose of any such fund except in accordance with Alibaba’s terms as agreed by Seller and Buyer which are set out in the terms and conditions of this Agreement and the Alipay Services Agreement. Seller has requested and agreed that the settlement of funds to Seller be delayed as provided in the Alipay Services Agreement. By using the Alipay Services, you acknowledge and agree that Alipay is not a bank and the Alipay Services should in no way be construed as the provision of banking services. Alipay is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Alipay Services. Alipay does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on Alibaba.com Sites. You further agree that neither Buyer nor Seller will receive interest or other profits in relation to the Alipay Services. In the case the Online Transaction adopts Alibaba.com Supplemental Services, the payment in connection with the Online Transactions concluded will be facilitated by Alibaba.com. Alibaba.com shall not dispose of any such fund except in accordance with Alibaba.com’s terms as agreed by Seller and Buyer which are set out in the terms and conditions of this Agreement and the Alibaba.com Supplemental Services Agreement . Seller has requested and agreed that the settlement of funds to Seller be delayed as provided in the Alibaba.com Supplemental Services Agreement. By using the Alibaba.com Supplemental Services, you acknowledge and agree that Alibaba.com is not a bank and the Alibaba.com Supplemental Services should in no way be construed as the provision of banking services. Alibaba.com is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Alibaba.com Supplemental Services. Alibaba.com does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on Alibaba.com Sites. You further agree that neither Buyer nor Seller will receive interest or other profits in relation to the Alibaba.com Supplemental Services. In the case of e-Credit Line services, you agree that the full payment of the contract price of the Online Transaction without any deductions must be made in US dollar in clear funds by one of the payment methods designated by Alibaba.com only. In the case that the Online Transaction adopts a payment method involving a third party finance provider, the relevant funds may be paid directly to the Seller on behalf of the Buyer by such finance provider. 3.6 Payment Methods. Please note that the payment methods available on the Alibaba.com Sites may be provided by Alibaba.com’s partners. If there is any chargeback or reversal of any payment requested by a payment service partner, Seller agrees that Alibaba.com has the right to refund the money so requested by the payment service partner without liability to Seller. Alibaba.com will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant payment service partners. However, if the participation in the dispute resolution process is subject to additional fees, this will be at your own cost only. 3.7 Third Party Vendors. You may engage one or more third party vendors for the purpose of completing and fulfilling an Online Transaction such as the warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, etc. Some of such third party vendors may be partners of Alibaba.com and thus designated by Alibaba.com to you. Among such designated partners, you may be required to agree and accept the terms and conditions of their services online within the Alibaba.co Sites. Notwithstanding the foregoing circumstances, for all third party vendors, you acknowledge and agree that such third party vendors are engaged at your own discretion and cost and that you will not hold Alibaba.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such third party vendors. 3.8 Your Agent. If you are required to conclude and complete an Online Transaction through an agent e.g. a Seller may be required to engage a qualified import and export agent as its export agent, such agent is merely an agent of you. If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent. 4. Alibaba.com Service Fees 4.1 Service Fees. Alibaba.com charges service fees for Online Transactions according to the fee schedules announced by Alibaba.com on the Alibaba.com Sites. Alibaba.com reserves the right to charge any service fees for other types of Online Transactions upon reasonable prior notification published on the Sites. In the case the Online Transaction adopts Alipay Services, you hereby authorize Alibaba.com to instruct Alipay to deduct any service fees that are due and payable to Alibaba.com under an Online Transaction and to pay the same to Alibaba.com when Alipay releases any amount held by it under the Online Transaction. Neither Alibaba.com nor Alipay has any control over, and are not responsible or liable for, the products or services that are paid for with our service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. 4.2 Third Party Fees Not Included. The service fees charged by Alibaba.com do not include any fees for any service or product that you may acquire or purchase in connection with the Online Transaction. It shall be your responsibility to settle the fees with such third party vendors. 4.3 Taxes, Financial Charges Not Included. All fees charged by Alibaba.com are exclusive of any taxes, duties or other governmental levies or any financial charges. You agree to pay and be responsible for any taxes, duties, levies or charges for the use of the Transaction Services in addition to our service fees. In the event Alibaba.com is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to Alibaba.com. You will also be liable for any financial charges for remission of funds to you, and Alibaba.com shall have the right to pay such charges from such funds. Alibaba.com and Alipay shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and the party receiving the funds will bear the costs of such bank charges. 5. Member’s Responsibilities 5.1 Provision of Information and Assistance. You agree to give all notices, provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the completion of the Online Transactions and Alibaba.com’s provision of the Transaction Services. If your failure to do so results in delay in the provision of any Transaction Service, cancellation of any Online Transaction, or disposal of any funds, Alibaba.com shall not be liable for any loss or damages arising from such default. 5.2 Representations and Warranties. You represent and warrant that: (a) you will use the Transaction Services in good faith and in compliance with all applicable laws and regulations，including laws related to anti-money laundering and counter-terrorism financing； (b) all information and material you provide in connection with the use of the Transaction Services is true, lawful and accurate, and is not false, misleading or deceptive; (c) you will not use the Transaction Services to defraud Alibaba.com, our affiliates, or other members or users of the Alibaba.com Sites or engage in other unlawful activities (including without limitation dealing in products prohibited by law); and (d) in case that you are a Seller of products, you have the legitimate right and authorization to sell, distribute or export the products using the Transaction Services and such products do not infringe any third party’s rights; and (e) in case that you are a Seller of products, you have good title to the products ordered under the Online Transaction, and the products meet the agreed descriptions and requirements; and (f) in case that you are a Seller of services, you will provide the services ordered with reasonable care and skills. 5.3 Breaches. If you are, in Alibaba.com’s opinion, not acting in good faith, abusing the Transaction Services, or otherwise in breach of this Agreement, Alibaba.com shall have the right to cancel the relevant Online Transaction(s). Alibaba.com also reserves the right to impose any penalty, or to temporarily or permanently suspend or terminate your use of the Transaction Services, temporarily or permanently suspend or terminate or procure the suspension or termination of your paid or free membership on the Alibaba.com Sites. Alibaba.com also reserves the right to (i) temporarily suspend the transaction functionalities of your account with Alibaba.com for a prescribed period determined by Alibaba.com, or permanently terminate the use of your Alibaba.com account and/or (ii) authorize Alipay to temporarily suspend the transaction functionalities of your Alipay account for a prescribed period determined by Alibaba.com, or permanently terminate the use of your Alipay account. Alibaba.com may also publish the findings, penalties and other records regarding the breaches on the Alibaba.com Sites. 5.4 Obligations to Pay Taxes. You shall be solely responsible for payment of any taxes, duties or other governmental levies or any charges or fees that may be imposed on any products or services purchased or supplied under or in connection with the Online Transactions. 5.5 Feedback System. You shall not take any action which may undermine the integrity of Alibaba.com’s feedback system, such as providing positive feedback on oneself on the Alibaba.com Sites using secondary Member IDs or through third parties or by providing unsubstantiated negative feedback on another member on the Alibaba.com Sites. 5.6 Indemnification by Member. You agree to indemnify Alibaba.com and our affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the Transaction Services or from your breach of this Agreement. Alibaba.com reserves the right, at our own discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Alibaba.com in asserting any available defenses. 5.7 Collection and Use of Information. You acknowledge and agree that Alibaba.com may, through your use of the Transaction Services, collect information about you and your Online Transactions, including but not limited to your credit information, business information, personal information (such as applicant name and home address), and financial information (the “Collected Information”). Alibaba.com reserves the right to use the Collected Information for the purposes set forth in this Agreement and in the manner set out in the Website’s Privacy Policy. You further acknowledge and agree that Alibaba.com may use the Collected Information for use in the operation, marketing and promotion of the Website as well as the Website’s products and services. If you have applied for and used the e-Credit Line services of Alibaba.com, you further acknowledge and agree that Alibaba.com shall have the right to use the Collected Information to facilitate the administration, processing, and operation of your use of the services and disclose the Collected Information to the relevant third party financial services institution designated by Alibaba.com solely for the purposes of facilitating your application and use of the e-Credit Line services. In connection with your use of the e-Credit Line services, Alibaba.com may use the Collected Information in the manner set out in the privacy policy and/or personal information collection statement relevant to the e-Credit Line services that you have agreed to prior to or during your application for and use of the e-Credit Line services. 6. Confidentiality 6.1 Confidential Obligations. You shall keep confidential all confidential information provided by other members of the Alibaba.com Sites or Alibaba.com in connection with any Online Transaction or the Transaction Services. 6.2 Confidential Information. All information and material provided by another member of the Alibaba.com Sites or Alibaba.com will be deemed to be confidential information unless such information or material is already in the public domain or has subsequently becomes public other than due to your breach of the confidential obligations. 7. Disclaimer and Limitation of Liability 7.1 No Warranty. You expressly agrees that your use of the Transaction Services is at your sole risk. TO THE FULL EXTENT PERMITTED BY LAW THE TRANSACTION SERVICES ARE PROVIDED ON THE "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASES, AND ALIBABA.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE TRANSACTION SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. ALIBABA.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, TRUTHFULNESS AND COMPLETENESS OF THE INFORMATION PROVIDED BY ANY MEMBER OF THE ALIBABA.COM SITES. YOU WILL BE SOLELY RESPONSIBLE FOR ALL CONSEQUENCES RESULTING FROM YOUR OWN JUDGEMENT AND DECISION TO USE OR OTHERWISE RELY ON SUCH INFORMATION. ALIBABA.COM AND OUR AFFILIATES FURTHER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY DISCLAIMED AND EXCLUDED. 7.2 Exclusion and Limitation of Liabilities. TO THE FULL EXTENT PERMITTED BY LAW, ALIBABA.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, TORT, EQUITY OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE TRANSACTION SERVICES. THE AGGREGATE LIABILITY OF ALIBABA.COM AND OUR AFFILIATES AND AGENTS INCLUDING BUT NOT LIMITED TO ALIBABA.COM (EUROPE) LIMITED AND ALIPAY ARISING FROM THE TRANSACTION SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE HIGHER OF THE SERVICE FEES CHARGED BY ALIBABA.COM OR US$1,000. 7.3 SOME OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE OR COUNTRY DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS UNDER YOUR LOCAL LAW IN YOUR STATE, PROVINCE OR COUNTRY THAT VARY FROM STATE TO STATE. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS IF THEY ARE APPLICABLE TO YOU. 8. Force Majeure 8.1 Force Majeure. Under no circumstances shall Alibaba.com and our affiliates and agents be held liable for any delay or failure or disruption of the Transaction Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals. 9. Notices 9.1 Notices. Except as explicitly stated otherwise, legal notices shall be served on you by sending notices to the email address in your latest membership profile on the Alibaba.com Sites. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notices by mail to the address in your latest membership profile in which case the notice shall be deemed given five days after the date of mailing. Except as explicitly stated otherwise, legal notices shall be served on Alibaba.com by sending the notices to Alibaba.com at 26/F, Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong. 10. Governing Law; Jurisdiction 10.1 GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION (“HONG KONG”) WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. 10.2 Amicable Negotiations. If any dispute or claim arises from or in connection with this Agreement, an Online Transaction or your use of the Transaction Services (“Dispute”), the relevant parties shall resolve the Dispute through amicable negotiations. 10.3 DISPUTE BETWEEN BUYER AND SELLER. IN CASE A DISPUTE ARISES BETWEEN BUYER AND SELLER FROM OR IN CONNECTION WITH AN ONLINE TRANSACTION, IF THE DISPUTE IS NOT RESOLVED THROUGH AMICABLE NEGOTIATION WITHIN THE PRESCRIBED TIME PERIOD ACCORDING TO THE RELEVANT TRANSACTIONAL TERMS, YOU AGREE TO SUBMIT THE DISPUTE TO ALIBABA.COM FOR DETERMINATION. IF YOU ARE DISSATISFIED WITH ALIBABA.COM’S DETERMINATION, YOU MUST APPLY TO THE HONG KONG ARBITRATION CENTRE (“HKIAC”) FOR ARBITRATION AND NOTIFY ALIBABA.COM OF SUCH APPLICATION WITHIN 20 CALENDAR DAYS AFTER ALIBABA.COM’S DETERMINATION. IF EACH OF BUYER AND SELLER IN THE DISPUTE DOES NOT APPLY FOR ARBITRATION WITHIN THE ABOVE 20 CALENDAR DAYS, EACH OF THE BUYER AND THE SELLER SHALL BE DEEMED TO HAVE AGREED THAT ALIBABA.COM’S DETERMINATION SHALL BE FINAL AND BINDING ON YOU. WITH A FINAL DETERMINATION, IN THE CASE THE ONLINE TRANSACTION ADOPTS THE ALIPAY SERVICES, ALIBABA.COM MAY INSTRUCT ALIPAY TO DISPOSE THE FUNDS HELD BY ALIPAY ACCORDING TO SUCH DETERMINATION, AND IN THE CASE THE ONLINE TRANSACTION ADOPTS ALIBABA.COM SUPPLEMENTAL SERVICES, ALIBABA.COM MAY DISPOSE OF THE FUNDS HELD BY ALIBABA.COM ACCORDING TO SUCH DETERMINATION. FURTHER, EACH OF BUYER AND SELLER SHALL BE DEEMED TO HAVE WAIVED ANY CLAIM AGAINST ALIBABA.COM, ALIPAY AND OUR AFFILIATES AND AGENTS. 10.4 Other Disputes. In case a Dispute arises between you and Alibaba.com in any other circumstances, if the Dispute is not resolved between you and Alibaba.com, you and Alibaba.com agree that the Dispute shall be finally resolved by arbitration with the HKIAC. 10.5 HKIAC ARBITRATION. IF ANY DISPUTE IS SUBMITTED TO THE HKIAC FOR ARBITRATION, THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF THE HKIAC IN FORCE AT THE TIME OF APPLYING FOR ARBITRATION AS AMENDED BY THIS CLAUSE. THE ARBITRATION PANEL SHALL CONSIST OF ONE SINGLE ARBITRATOR. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND IN HONG KONG. THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR SOLELY BASED ON WRITTEN SUBMISSIONS AS SPECIFIED BY THE PARTY INITIATING THE ARBITRATION, PROVIDED THAT THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE AGREED BY THE PARTIES. THE ARBITRATION AWARD RENDERED BY THE HKIAC SHALL BE FINAL AND BINDING ON ALL THE RELEVANT PARTIES. THE ARBITRATION EXPENSES SHALL BE BORNE BY THE LOSING PARTY UNLESS OTHERWISE DETERMINED IN THE AWARD. 10.6 Indemnification. If you initiate any legal proceedings against Alibaba.com or our affiliates in breach of this clause 10, including any legal proceedings disputing Alibaba.com’s determination which has become binding on you according to this clause 10, you shall hold Alibaba.com and our affiliates, agents, employees, directors, officers harmless and indemnified against any claim, losses, damages that may be suffered by us. 10.7 Limitation Period. In any event, you may not make any claim against Alibaba.com or our affiliates under this Agreement after one year from the occurrence of the matter giving rise to the claim. 10.8 Injunctive Relief. Notwithstanding the foregoing provisions, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction prior to or during the arbitration. 11. General Provisions 11.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Alibaba.com with respect to and governs the use of the Transaction Services, superseding any prior written or oral agreements in relation to the same subject matter herein. 11.2 Severance. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced. 11.3 Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 11.4 Independent Contractor. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 11.5 No Waiver. Any failure by Alibaba.com and our affiliates to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing. 11.6 Assignment. Alibaba.com shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. Alibaba.com may delegate certain of Alibaba.com rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity. ALIPAY SERVICES AGREEMENT (Updated as of June, 2017) PLEASE READ THIS AGREEMENT CAREFULLY This services agreement, including the Schedules, (the “Agreement”) is made between: (1) You, as a User (as defined below) of one or more of the online sites (collectively, the "Platform Sites") set out below and belonging to a User group described below (“You”): (a) Platform Site: www.aliexpress.com (the "AliExpress Site") User Group: Buyer (as defined below); Seller (as defined below) (b) Platform Site: http://wholesale.alibaba.com (the “Alibaba.com Wholesale Site”) User Group: Buyer (as defined below); Seller (as defined below) (c) Platform Site: www.tmall.hk (the "Tmall Global Site") User Group: Buyer (d) Platform Site: https://intl.aliyun.com (the "Alibaba Cloud Site") User Group: Buyer and (2) ALIPAY SINGAPORE E-COMMERCE PRIVATE LIMITED (incorporated in Singapore with company registration no.: 201000378D) ("Alipay"). This Agreement supplements the relevant transaction services agreement between you and the respective entity in connection with the services provided on AliExpress Site, Alibaba.com Wholesale Site, Tmall Global Site or Alibaba Cloud Site (collectively, the "Platform Operators") as the case may be (the "Transaction Services Agreement"), and sets out the terms and conditions regarding your use of the Alipay Services (as defined below) provided to registered users of the Platform Sites ("Users").In the event of any conflict between this Agreement (or any portion thereof) and any Transaction Services Agreement, the terms of this Agreement shall govern. Unless otherwise indicated or the context requires otherwise, reference to “Alipay”, “we”, “us” or “our” in the Agreement include Alipay and its affiliates, including Alipay.com Co., Ltd., Alipay (UK) Limited and Alipay US, Inc. that are involved in providing the Alipay Services, and such affiliates are joined as parties to the Agreement with respect to the Alipay Services they provide. The Transaction Services Agreements are available at the following links (a) For the AliExpress Site: click [here] (b) For the Alibaba.com Wholesale Site: click [here] (c) For the Tmall Global Site: click [here] (d) For the Alibaba Cloud Site: click [here] 1. Acceptance of Terms 1.1 You acknowledge that Alipay is performing the Alipay Services to you as a User of the applicable Platform Site to support your online transactions concluded on and through such Platform Site ("Online Transactions"), and in accordance with the Platform Operators' instructions. 1.2 You acknowledge that you have read this Agreement prior to your use of the Alipay Services. Each time you use the Alipay Services you confirm that you agree to be bound by the terms and conditions of this Agreement and any subsequent amendments or modifications as may be made from time to time. 1.3 Some of the Alipay Services may be supported and provided by our affiliates, including Alipay.com Co., Ltd, Alipay (UK) Limited and Alipay US, Inc. If you are a registered user of the www.alipay.com online site (“Alipay Site”), this Agreement shall not apply to your use of services provided by Alipay.com Co., Ltd. on and through the Alipay Site. 1.4 We may amend this Agreement any time by posting an updated version on the Platform Sites. The updated version of this Agreement shall take effect immediately upon posting. By continuing to use the Alipay Services, you agree to that the amended terms will apply to you. 2. Alipay Services 2.1 The “Alipay Services” are services provided by Alipay and our affiliates to facilitate payments in connection with Online Transactions. Each of your Online Transactions are subject to the applicable Transaction Services Agreement. 2.2 The Alipay Services are only available to the Users of the Platform Sites. A User may be a "Buyer" or a "Seller", as the case may be. A User who purchases or acquires any product or service in an Online Transaction is referred to also as a “Buyer”, and a User who sells or provides any product or service in an Online Transaction is also referred to as a “Seller”. If your subscription to any services of the Platform Sites expires or is terminated for any reason, you will not be eligible to use the Alipay Services to conclude Online Transactions on the Platform Sites. 2.3 Alipay shall have the right to refuse to provide the Alipay Services for any Online Transaction if (a) the Online Transaction does not satisfy the terms and conditions in the applicable Transaction Services Agreement or the other applicable terms, rules and policies concerning the transaction services provided by the Platform Operators under the applicable Transaction Services Agreement in accordance with the Platform Operators’ instructions or (b) if Alipay has reason to believe that the Online Transaction may violate any laws, rules or regulations or may otherwise subject Alipay or any of our affiliates to liability or obligation. Alipay is not obliged to provide the Alipay Services where the bank account designated by a Seller in an Online Transaction to receive the transaction price has not been verified and confirmed by Alipay and our affiliates. You agree that Alipay or its local affiliates shall have the sole and absolute discretion to send or transfer funds subject to the terms of this Agreement. 3. Alipay Services for Online Transactions 3.1 The Buyer in an Online Transaction shall pay the full transaction price listed for the Online Transaction to the Seller through the Alipay website unless another option is made available directly by the Platform Operator on the relevant Platform Site. When using Alipay to submit payment for an Online Transaction, payments are processed through accounts owned by Alipay or one of its affiliates and/or a registered third party service provider acting on Alipay’s behalf and the relevant funds are received for the Seller in accordance with the applicable Transaction Services Agreement. The Seller hereby appoints Alipay as its agent for the limited purpose of receiving payments from Buyers. The Seller agrees that the Buyer’s full payment of the transaction price listed for the Online Transaction to Alipay constitutes final payment to the Seller extinguishing Buyer’s payment obligation to Seller as if the Buyer had paid the Seller directly, even if the payment is not received by Seller from Alipay. Alipay, and not the Buyer, is solely liable to the Seller for payment if Alipay fails to remit payments received from Buyer to the Seller. The payment must be made in US Dollars or any other currencies as supported by Alipay at the time of the transaction. Buyers will receive a receipt upon payment that will indicate that payment has been made on the applicable date. For Buyers located in the United States or Buyers making payments via U.S. credit cards, debit cards or bank accounts, Alipay US, Inc. is the agent of Seller to receive payments authorized by such Buyers. 3.2 Upon receipt of the Buyer’s payment, Alipay shall promptly notify the relevant Platform Site of the details of the payment. 3.3 Alipay shall retain the funds received in connection with an Online Transaction as instructed by the Platform Operators until, as agreed between the Seller and the relevant Platform Operator, the first of any of the following events occurs: (a) the Buyer’s confirmation of a successful completion of the Online Transaction, in which case all the funds will be transferred to the Seller; (b) the Buyer’s failure to confirm receipt of the goods or services within the time limit prescribed by the Seller and as agreed by the relevant Platform Operator, in which case all the funds will be transferred to Seller; (c) cancellation of the Online Transaction, in which case all the funds will be refunded to Buyer; (d) the conclusion of any settlement agreement between the Buyer and the Seller, in which case the funds will be disposed in accordance with such settlement agreement; (e) a dispute in relation to the services provided by the Platform Operator has been submitted to an Platform Site for a Platform Operator’s determination and the Platform Operator’s determination has become final and binding according to the applicable Transaction Services Agreement, in which case the funds will be disposed in accordance with the Platform Operator’s determination; and (f) the Platform Operators or Alipay or our affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment. If you are a Buyer, you acknowledge and agree that Alipay is not holding any funds on your behalf, or in any escrow or trust relationship with you. If you are a Seller, you acknowledge and agree that you have requested that the settlement of funds to you be delayed as provided in this clause 3.3. Nothing in this clause 3.3 shall effect the fact that Buyer's payment obligation for the Online Transaction is fully satisfied upon receipt of funds by Alipay as set forth in clause 3.1. 3.4 When releasing any funds to a User, Alipay shall have the right to deduct or withhold any financial charges or service fees due and payable to the relevant Platform Operator (if any) in such amounts as instructed by the relevant Platform Operator pursuant to the agreement between the Seller and the relevant Platform Operator, or the relevant Transaction Services Agreement (as the case may be). 3.5 Any unclaimed funds will be held by Alipay for a period of five years or as otherwise instructed by the relevant Platform Operator, at the expiry of which time, you the Seller will be deemed to have waived any claim in respect of such funds or, if required by applicable laws, we will transfer the funds (less any fees, if any and to the extent permitted under applicable laws) to the relevant competent authority. You hereby agree that upon expiry of such period or upon such transfer of such funds to the relevant competent authority, Alipay will be relieved of any further obligation to pay those unclaimed funds to you. 3.6 You acknowledge and agree that Alipay may receive interest on any funds held by it in performing the Alipay Services. Any such interest is for the account of Alipay, and you will not receive interest or other profits in relation to the Alipay Services. 3.7 In the event a Buyer selects to make payment by a debit or credit card in connection with an Online Transaction, the Buyer hereby authorizes Alipay or its affiliates to charge that card to obtain the necessary funds. 3.8 At checkout, a Buyer will have the option to store his debit or credit card details in his account with a Platform Operator. In the event the Buyer selects such option, the information will be stored by Alipay or its affiliates on behalf of the Platform Operators. The Buyer hereby authorizes Alipay or its affiliates to collect and store his debit or credit card information. 3.9 If you experience any questions with the processing of your payment on the Platform Sites, please contact us at https://icshall.alipay.com/hall/index.htm?sourceId=ihome. If you have placed an order from the Platform Site(s) and experience difficulties with your order, please contact customer service at the applicable Platform Site(s). 4. Users’ Responsibilities 4.1 All Online Transactions are concluded by and between Users only. You shall complete the Online Transactions in accordance with the applicable Transaction Services Agreement and the relevant Platform Site’s terms, rules and policies. You agree that you will not hold Alipay and our affiliates or agents liable for any Online Transaction or any products or services supplied under any Online Transaction. 4.2 You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for Alipay’s provision of the Alipay Services. If your failure to do so results in any delay in the provision of any Alipay Services or cancellation of any Online Transaction, neither Alipay nor our affiliates shall be liable for any loss or damages arising from such delay. 4.3 You represent and warrant that: (a) you will use the Alipay Services in good faith and in compliance with all applicable laws and regulations; (b) the information and materials you provide in connection with the use of the Alipay Services is true, complete, lawful and accurate, and is not false, misleading or deceptive; (c) you will not use the Alipay Services to defraud Alipay, our affiliates, other Users or any other person or engage in other unlawful activities (including dealing in products or services prohibited by law); (d) if you are a Seller of products: (i) you have the legitimate right and authorization to sell, distribute or export the products sold by you through the services provided by the Platform Operator and the sale of such products do not infringe any third party’s rights; (ii) you have good title to the products sold in an Online Transaction, and the products meet all relevant descriptions and requirements; and (e) if you are a Seller of services, you will provide the services ordered with reasonable care and skills. 4.4 If in Alipay’s sole opinion, any User is not acting in good faith, is abusing the Alipay Services, or is in breach of this Agreement, Alipay shall have the right to request the relevant Platform Operator to cancel the Online Transaction. 4.5 You as the User shall be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied through the Alipay Services or otherwise arising from the Online Transaction. 4.6 To the full extent permitted by applicable law, you agree to indemnify Alipay, our affiliates and our employees, directors, officers, agents and representatives (collectively, the "Alipay Indemnified Persons") and to hold them harmless from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the Alipay Services or from your breach of this Agreement. Alipay reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you shall cooperate with Alipay in asserting any available defenses. 5. Personal Data Privacy 5.1 You agree that we may collect, hold, use and transfer your personal data in accordance with the Alipay Privacy Notice. 6. Suspension of Systems 6.1 If you are unable to use the Alipay Services directly or indirectly due to either system suspension which has been announced by Alipay in advance, or any Force Majeure Event (as defined under Clause 8, you agree that to the full extent permitted by applicable law you will not hold the Alipay Indemnified Persons liable for any default, delay or failure in performing its obligations under this Agreement: 7. Disclaimer and Limitation of Liability 7.1 Alipay shall only be liable for the obligations expressly set forth in this Agreement. 7.2 You agree that all disputes from the Online Transaction shall be a matter solely between you and your counterparty. 7.3 Users’ information is provided by the Users themselves. Alipay makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the Users’ information. You will be solely responsible for all consequences resulting from your own judgment and decision to use or otherwise rely on such information. 7.4 Alipay makes no warranty regarding the Alipay Services or any products or services supplied by the Sellers under any Online Transaction, including to: (a) the Alipay Services meeting your requirements; (b) the Alipay Services being uninterrupted, timely or error free; or (c) any products, information, materials or services obtained by you in connection with the Alipay Services meeting your requirements. 7.5 Any information, proposal or materials that you may obtain from the Alipay Indemnified Persons or through the use of the Alipay Services, whether in writing or oral, shall not constitute Alipay’s warranty regarding the Alipay Services. 7.6 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW THE ALIPAY SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED. 7.7 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE ALIPAY INDEMNIFIED PERSONS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR LOSS OF OTHER ECONOMIC INTERESTS, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE ALIPAY SERVICES. 7.8 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE ALIPAY INDEMNIFIED PERSONS ARISING FROM THE ALIPAY SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE TOTAL REMUNERATION THAT ALIPAY MAY DERIVE FROM SUCH TRANSACTION. 7.9 By using the Alipay Services, you acknowledge and agree that Alipay is not a bank or remittance agent and the Alipay Services should in no way be construed as the provision of banking services or remittance services. Alipay is not acting as a trustee, fiduciary or escrow with respect to a User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Alipay Services. Alipay does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on the Platform Sites. 7.10 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions. 7.11 If you have a dispute with any other party, you release the Alipay Indemnified Persons from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you agree to waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which a creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his or her settlement with the debtor.” 8. Force Majeure Neither you, your affiliates or agents (“User Indemnified Persons”) or the Alipay Indemnified Persons (each of the User Indemnified Persons and Alipay Indemnified Persons being a “Person”) shall be held liable for any default, delay or failure in performing its obligations under this Agreement resulting directly or indirectly from acts of nature, forces or causes beyond the reasonable control of such Person, including (i) a fire, flood, elements of nature or other acts of God, (ii) an outbreak or escalation of hostilities, war, riots or civil disorders, or an act of terrorism; (iii) Internet failures, computer, telecommunications, electrical power failures or any other equipment failures; (iv) a labor dispute (whether or not employees’ demands are reasonable or within the Person’s power to satisfy), (v) acts or omissions of a government authority prohibiting or impeding the affected Person from performing its obligations under this Agreement, including orders of domestic or foreign courts or tribunals, governmental restrictions, sanctions, restrictions on foreign exchange controls, etc. or (vi) the non-performance by a third party for any similar cause beyond the reasonable control of the Person (collectively, a “Force Majeure Event”). If a Force Majeure Event occurs, the non-performing party to this Agreement will be excused from any further performance of the obligations affected by the event only for as long as the Force Majeure Event continues and the party continues to use commercially reasonable efforts to resume performance. 9. Jurisdiction 9.1 This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the Republic of Singapore. You irrevocably consent to the exclusive jurisdiction of the courts of the Republic of Singapore, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement. 9.2 If any dispute or claim arises from or in connection with this Agreement, an Online Transaction or your use of the Alipay Services (“Dispute”), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. If any Dispute arises between a Buyer and Seller in connection with an Online Transaction, you agree that such Dispute shall be resolved in accordance with the procedures set forth in the applicable Transaction Services Agreement only. If you initiate any legal proceedings against the Alipay Indemnified Persons in breach of the applicable Transaction Services Agreement, you shall, to the full extent permitted by applicable law, indemnify and hold the Alipay Indemnified Persons harmless and indemnified against any claims, losses, damages that may be suffered by the Alipay Indemnified Persons. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 9.3 In any event and to the full extent permitted by applicable law, you may not make any claim against the Alipay Indemnified Persons under this Agreement after one year from the date of occurrence of the matter giving rise to the claim. 9.4 Notwithstanding the foregoing provisions, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction prior to or during the arbitration. 10. General Provisions 10.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced 10.2 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The term “including” means “including without limitation”. 10.3 Except for the limited purpose of processing payments as agent of Sellers in accordance with clause 3.1, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 10.4 Any failure by Alipay to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing. 10.5 Alipay shall have the right to assign and transfer this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. Alipay may delegate any of Alipay's rights and responsibilities under this Agreement to independent contractors or other third parties. A User may not assign, in whole or part, this Agreement to any person or entity. 10.6 If there is any conflict between the English language version and another language version of this Agreement, the English language version shall prevail. SCHEDULE 1 Additional Terms and Conditions for the AliExpress Site and Alibaba.com Wholesale Site This Schedule shall apply only to Users of the AliExpress Site and Alibaba.com Wholesale Site 1. Buyer protection plan You acknowledge that the AliExpress Site and Alibaba.com Wholesale Site may also provide buyer protection plan for certain Online Transactions. (a) If you are a Seller who has subscribed to the buyer protection plan: Upon entering into a separate agreement with Alipay, you may be required to provide deposits using the methods as designated by AliExpress or Alibaba.com on the AliExpress Site and Alibaba.com Wholesale Site, respectively, to secure your due performance of obligations under the relevant buyer protection plan. You agree to permit and hereby authorize Alipay to act on the instructions of AliExpress or Alibaba to deduct, withhold and dispose any deposits provided in accordance with the terms under the relevant buyer protection plan. (b) If you are a Buyer: You acknowledge and agree that the protection afforded to you under a buyer protection plan applies to those Online Transactions where the Seller has subscribed to such plan and the purchase falls within your protection plan’s scope. Clause 3.3 of the Agreement will not be applicable to you if the Seller has subscribed to the buyer protection plan and such plan covers your purchase. SCHEDULE 2 Additional Terms and Conditions for the Tmall Global Site Nil SCHEDULE 3 Additional Terms and Conditions for the Alibaba Cloud Site This Schedule shall apply only to Users of the Alibab Cloud Site. 1. Recurring Payment Service This paragraph shall apply to all Buyers who have selected the Recurring Payment Service (as defined below). 1.1 Users of the Alibaba Cloud Site have the option of giving standing instructions to Alibaba Cloud for the automatic withdrawals from a bank account or debit or credit card designated by the User (the "User Bank Account" and "User Bank Card" respectively) and accepted by Alibaba Cloud [and Alipay] for payment in connection with an Online Transaction (the "Recurring Payment Service"). The Recurring Payment Service will be provided by Alipay and our affiliates as part of the Alipay Services. For the avoidance of doubt, references to the "Alipay Services" in this Agreement include the Recurring Payment Service. 1.2 Alipay shall have the sole and absolute discretion as to whether to provide the Recurring Payment Service to a User. 1.3 You hereby authorize on a recurring basis Alipay or its affiliates to act upon the instructions of Alibaba Cloud and instruct the relevant bank in which your User Bank Account or User Bank Card is maintained (the "User Bank") to debit or credit your User Bank Account or User Bank Card for making payments in connection with an Online Transaction. You represent and warrant that you have full power and authority in relation to the User Bank Account or User Bank Card to give proper authorization to Alipay or its affiliates in order for it to provide the Recurring Payment Service to you. 1.4 You represent and warrant that you will maintain at all times a sufficient balance in your User Bank Account or User Bank Card to enable the User Bank to make the relevant debits or credits in accordance with the instructions of Alipay or its affiliates. Alipay shall have the right to refuse to provide the Recurring Payment Service to you for an Online Transaction if your User Bank Account or User Bank Card does not have sufficient funds or credit to meet your payment obligations. Alipay shall have the right to impose an administrative fee for unsuccessful debit instructions. 1.5 You agree that Alipay or its affiliates may collect, use, disclose and transfer information relating to your instructions and the User Bank Account or User Bank Card to other persons for the purpose of providing the Recurring Payment Service. 1.6 To the full extent permitted by applicable law, the Alipay Indemnified Persons shall not be liable for any error, delay, neglect, or omission in the transmission of any payment under the Recurring Payment Service, save to the extent caused by the gross negligence or willful misconduct of the Alipay Indemnified Persons. 1.7 To the full extent permitted by applicable law, the Alipay Indemnified Persons shall not be liable for any costs, losses, damages, actions, claims and liabilities which you or any other person may incur or suffer in connection with or as a result of providing the Recurring Payment Service to you, save to the extent caused by the gross negligence or willful misconduct of the Alipay Indemnified Persons. 1.8 Alipay may suspend or terminate the provision of the Recurring Payment Service to a User at any time in its sole discretion. Alibaba “7 DAY DELIVERY” PROMOTION TERMS AND CONDITIONS 1. 2-7 day deliveryAll products participating in this “7 day delivery” promotion (the "Promotion") have a 2-7 day delivery time. This delivery time only applies for delivery within the Spain Peninsula. Balearic and Canary Islands and Ceuta and Melilla delivery destinations are excluded from this promotion. 2. 15 day return policyAll products participating in this promotion can be returned within 15 days of delivery (calculated from and including the day of receipt as evidenced in the system of AliExpress.com and/or its service providers). If you are not satisfied with the product, you can return it to the seller for a refund of your money. You will need to do so with the original package and with the product unused in perfect condition.Conditions of promotion:1. No return will be accepted after the product has been removed (fully or partially) from its original packaging or the product is in such condition that the seller will not be able to resell the item as a new product.2. To be able to return a product you will need to return it in the same package you received it with, and must include all the original manuals, tickets and accessories present on the original package you received.3. Damaged and/or used items will not be accepted for return.4. Washed articles, damaged clothes or clothes with original tags detached will not be accepted for return. 5. Personalized or engraved jewelry, watches, accessories or similar articles will not be accepted for return.6. Return delivery fees will be assumed by the buyer. RETURN PROCESS:1. Send a return request and select: “local return”. 2.You will be able to do so within 15 days of receipt of the product. 3. Print or write down the the information prompted by the system about the return. 4. Deliver the product back to the seller at the designated address at your own cost. 5. Receive your reimbursement. 3. 2 year local replacement protection plan for SmartphonesAll Smartphones sold on “7 Day Delivery” promotion include a 2 year replacement protection plan. If your Smartphone has any electrical or technical problem or failure during the first 2 years of use, you can return it to The Warranty Group's warehouse in Spain for a replacement. The replacement protection plan is managed locally by The Warranty group, a US global provider of warranty solutions and related benefits. Notice to all Buyers: The smartphone protection plan is provided by third party or parties unrelated to AliExpress.com. Buyers should consider and make enquiries on their services against buyer's own requirements independently before placing any order. AliExpress.com and its parent companies and affiliates will not be liable for any claims or damages arising from these services provided by third party or parties. General Terms: AliExpress.com reserves the right and absolute discretion to cancel or revoke your right to participate in this Promotion, upon discovery of any dishonest, malicious, fraudulent, unlawful or, in the opinion of AliExpress.com, inappropriate acts in its participation of this Promotion by you without liability to you. In the event of dispute over the interpretation of these Terms and Conditions, the decision of AliExpress.com shall be final and binding.By participating in the Promotion, you agree to be bound by these Terms and Conditions AliExpress.com is not responsible for any late, lost, delayed, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or otherwise. AliExpress.com reserves the right in it sole and absolute discretion to cancel, modify or suspend the Terms and Conditions or the Promotion in whole or in part, without liability to you. The amended and restated Terms and Conditions shall be effective immediately upon posting on the AliExpress.com website. After posting of the amended and restated Terms and Conditions, the participant’s continued participation in the Promotion shall be deemed to be its acceptance of the amended and restated Terms and Conditions. The Promoter reserves the right to disqualify any participant in its sole discretion.By participating in this Promotion, you agree that this Promotion is governed, interpreted and enforced by the laws of Hong Kong, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with this promotion must be brought in a court of competent jurisdiction in Hong Kong. To the maximum extent permitted by law, in no event shall AliExpress.com be liable to any participant for any direct, indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with the participant’s participation in the Promotion, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not AliExpress.com has been advised of the possibility of such loss or damage. You acknowledge and agree that AliExpress.com or any of its affiliates shall not be responsible, and shall have no liability to it or anyone else for any dispute or claim that arises out of the participant’s participation in this Promotion. InPlace Student Placement System Terms and conditions Introduction to InPlace The InPlace Student Placement system (the System) is provided to you by the University of Queensland (UQ) as a means to automate the administration process associated with placements. In order to use the platform, you will need to provide certain information (including personal information) so that UQ may organise your placement. You will also need to provide specific consents to the use of your information and agree to the Student terms and conditions (Terms). Students should also be aware of their rights and obligations under the following policies and procedures in addition to any program-specific requirements: PPL 1.60.02 Privacy Management PPL 1.60.07 Working with Children PPL 2.60.08 Vaccinations and Immunisation (if applicable to your discipline) PPL 2.60.10 Working Safely with Blood and Body Fluids (if applicable to your discipline) PPL 3.10.04 Placement in Coursework Programs PPL 3.30.14 Fitness to Practise PPL 3.60.01 Student Charter PPL 3.60.04 Student Integrity and Misconduct Student Terms and Conditions These Terms have been developed to ensure that you understand your rights and responsibilities in relation to your placement. If you do not understand any part of these Terms, please discuss the matter with the placement coordinator for your School, Faculty or Institute. 1) Definitions. The following definitions apply to these Terms: a) “Confidential Information” means confidential information of a party and includes information whether verbal, written or in some other form, including but not limited to electronic form relating to: i) a Placement; ii) knowledge or information regarding the business transactions, affairs, property, policies, procedures or activities of the Placement Organisation; iii) any document which is marked confidential; iv) any document or information which a party advises the other is confidential; and v) (for clinical Placements) any Medical Records; b) “Contact Details” includes your contact phone numbers, residential address and your student number and (University) email address; c) “Medical Records” means the records of a person who receives health care services from the Placement Organisation; d) “Placement” (also known as clinical immersion, clinical placement, clinical practice, externship, fieldwork, industry experience, industry study, internship, practicum, teaching practice or work placement) means a course, course component, milestone or any other activity that gives you practical experience in the application of theoretical concepts and knowledge in an authentic work environment; e) "Placement Organisation" means the organisation at which your Placement is undertaken; f) “Placement Supervisor” means the officer or employee of the Placement Organisation who is responsible for supervising you while you are on a Placement; g) “Student” means a student who is currently enrolled at UQ who is eligible for and is required by a unit or program or study to undertake a Placement; h) “Supporting Information” means information, documents and data of a Student in support of an application for, or allocation to, a Placement. Supporting Information may include a Student’s applications for Placements, resumes, compliance verification documents or records (such as a criminal background check, vaccination records or working with children check) and other Student documents or data used in Placement application processes; i) “University Supervisor” means the UQ nominee from the school, faculty or institute who is responsible for monitoring your progress and liaising with the Placement Supervisor. In some cases this role is divided into responsibility for the academic components of the placement undertaken by an academic staff member, and responsibility for the administration of the placements, which may be undertaken by a professional staff member; j) “UQ" means The University of Queensland, (ABN 63 942 912 684), a body corporate established under "The University of Queensland Act 1998", of Brisbane, Queensland, 4072; and k) "you/your" means the person whose UQ account details have been entered as part of accessing the System. 2) Privacy and Consent to Disclose Information including Personal Information and Confidential Information a) Your use of the InPlace System is subject to your consenting to UQ’s disclosure of your Personal Information (which may include your student photograph image following placement allocation, Contact Details and Supporting Information) to the Placement Organisation, which may be located within or outside Australia for the following purposes: i) identifying you as a Student who is eligible for a Placement and who has met all requirements and criteria for Placements; ii) to arrange, allocate, administer and manage your Placement; and iii) for directly related purposes. 3) Confidential Information Obligations a) You agree that you will not, except as expressly authorised by the Placement Organisation (or relevant party) or required by law, disclose to any third party any Confidential Information provided by the Placement Organisation (or relevant party) in the course of the Placement. b) You agree not to obtain, acquire, create or use Confidential Information for any purpose other than the Placement unless advised by your University Supervisor/s that approval has been obtained for the other specified purpose/s. c) You agree not to remove original files, test booklets, forms or other confidential documents from the Placement Organisation without the Placement Organisation’s written permission. d) Unless you receive the Placement Organisation’s permission to do otherwise, you agree to delete Confidential Information from ALL materials before they are removed from the Placement Organisation. This includes informal notes, transcripts of sessions, videos, tape recordings and any other material in any form recorded on any medium. e) You agree to remove all confidential details before transmitting information via electronic means including facsimile, internet and email transmissions. You understand that information may only be transmitted after obtaining the Placement Organisation’s permission. f) You agree to comply with the Placement Organisation’s privacy code and (if the Placement is a clinical Placement) all applicable laws which apply to Medical Records. g) You agree that your obligations under these Terms continue to have full force and effect when you are no longer a Student. General Terms 4) UQ Amendments. UQ may amend these Terms from time to time by presenting you with a new version when you next access the System and requiring you to accept the new version before making any further use of the System. These Terms revoke any earlier version of the same. 5) Permitted Use. You may only access the System if you are a Student. You must only upload and store content on the System that is required or related to your Placement or UQ administering or arranging a Placement for you. 6) Complaints/Grievances. If you have a complaint or grievance regarding the use of your Personal Information, please follow the Student Grievance Resolution procedure at: https://ppl.app.uq.edu.au/content/3.60.02-student-grievance-resolution. 7) Governing Law. a) To the full extent permitted by law, these Terms are to be construed in accordance with the laws in force in the State of Queensland, Australia. b) If any provision of these Terms is void, voidable or unenforceable, it is to be read down so as to be valid, and if it cannot be read down then it is to be severed in the relevant jurisdiction (without affecting the remainder of these Terms), unless and to the extent this would fundamentally alter these Terms or be contrary to public policy. Declaration of Agreement and Consent I declare that I have read the above Terms and (1) I consent to the disclosure of my Personal Information (which may include my student photograph image, Contact Details and Supporting Information) as specified above; and (2) I agree to abide by the confidentiality obligations and Terms. I understand that failing to agree to the Terms and provide the requested consent may limit the extent to which I am able to participate in Placement opportunities, which may impact upon my course completion date. Unity Terms of Service Last updated: May 24, 2018 Unity Technologies ApS (“Unity”, “our” or “we”) provides game-development and related software (the “Software”), development-related services (like Unity Teams (“Developer Services”)), and various Unity communities (like Unity Answers and Unity Connect (“Communities”)), provided through or in connection with our website, accessible at unity3d.com or unity.com (collectively, the “Site”). Except to the extent you and Unity have executed a separate agreement, these terms and conditions exclusively govern your access to and use of the Software, Developer Services, Communities and Site (collectively, the “Services”), and constitute a binding legal agreement between you and Unity (the “Terms”). These Terms, including all Additional Terms referenced in Section 1.3 below, are, collectively, the “Agreement.” If you accept or agree to the Agreement on behalf of a company, organization or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity. You acknowledge and agree that, by accessing, purchasing or using the services, you are indicating that you have read, understand and agree to be bound by the agreement whether or not you have created a unity account, subscribed to the unity newsletter or otherwise registered with the site. If you do not agree to these terms and all applicable additional terms, then you have no right to access or use any of the services. 1. Your Use Of The Services 1.1 Eligibility Except as expressly provided otherwise on the Site, the Services are intended for persons 13 and older provided, however, you must be at least 18 to make purchases or submit content to Unity. If you are under the age of 18 or whatever is the age of legal majority where you access the Services, you may purchase access to the Services only with the involvement of your legal guardian, and you represent and warrant that your legal guardian has read, understood and agreed to this Agreement. 1.2 Privacy Your privacy is important to us. Unity’s Privacy Policy discloses the information we collect and how we use it. By using any of the the Services, you agree to the terms of the Privacy Policy, so please review the Privacy Policy carefully. You affirm that you have read and accept the Privacy Policy and its terms. If you are an elementary or secondary school purchasing educational Software for distribution to/use by your students, you understand and accept the Unity Educational Products for Schools Privacy Notice ("Privacy Notice"), and you represent and warrant that you can and do consent, and have obtained all relevant consents, to the limited collection of personal information from your students in connection with providing access to those products (including transfer of such information outside of the European Economic Area), as described in the Privacy Notice. 1.3 Additional Terms The Software, Developer Services and Site/Communities are subject to additional terms as shown below (“Additional Terms”). Site and Communities Site and Communities Additional Terms Unity Connect Additional Terms Software Unity Personal, Unity Plus and Unity Pro Additional Terms Unity Certification Materials Additional Terms Unity Experimental Build/Beta Additional Terms Developer Services Unity Certification Program Additional Terms Unity Teams Additional Terms Unity Multiplayer Additional Terms Unity Virtual Training Additional Terms If there is any conflict between these Terms and the Additional Terms, the Additional Terms govern in relation to the relevant Software, Developer Service or Site/Communities. Unity Ads is operated by Unity Technologies Finland Oy and has its own terms and conditions for the publishers and advertisers utilizing its services. Both of these terms and conditions are subject to the Monetization and Advertising Controller DPA for Monetization and Ads Terms of Service The Unity Asset Store has separate terms and conditions for use of the Asset Store and Asset Store Providers. Both of these terms and conditions are subject to the Asset Store Controller DPA. 1.4 Modification Unity reserves the right, at its sole discretion, to modify, discontinue or terminate the Services. Unity may also modify the Agreement at any time and without prior notice. If we modify the Agreement, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last updated” date at the top of these Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. 2. Your Unity Account In order to use most Services, you must register for a “Unity Account”. To create a Unity Account, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Unity reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Unity of any unauthorized use of your account. You may cancel your Unity Account at any time by sending an email to support@unity3d.com. Canceling your Unity Account does not relieve you of the obligation to pay any and all remaining amounts owing for your existing Software or Developer Service subscriptions 3. Your Responsibilities You represent and warrant that: (a) you have the legal capacity to agree to the Agreement; (b) you are not located in a country embargoed by the United States and that you are not on the U.S. Treasury Department's list of Specially Designated Nationals; and (c) you will comply with all applicable laws and regulations in connection with your use of the Services (including but not limited to applicable Federal Trade Commission rules and COPPA), and in accordance with the terms and conditions specified in the Agreement. 4. Intellectual Property Rights 4.1 Unity’s Ownership The Site, Software, Developer Services, Communities and Website Content (as that term is defined in the Site and Communities Additional Terms) are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Agreement, Unity and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. 4.2 Your Content As between you and Unity, you own all right, title and interest (including, all intellectual property rights) in and to the content you create using the Software, Developer Services and/or any content you post to the Site or in the Communities (collectively, “Your Content”) (other than any components of the Software contained therein or used in connection therewith). 4.3 Data License You grant Unity a perpetual, irrevocable, fully-paid and royalty-free license to collect, access, process, transmit, store, copy, share, display, and use any data and information collected by Unity or provided by you in connection with your use of the Services in order to provide, operate, develop, improve, and/or optimize any of our Services, and otherwise as permitted by our Privacy Policy. 4.4 Copyright Policy Unity respects copyright law and expects its users to do the same. Unity has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Unity’s Copyright Policy for further information. 4.5 Proprietary Rights Notices All trademarks, service marks, logos, trade names and any other proprietary designations of Unity used herein are trademarks or registered trademarks of Unity. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. 5. Payments 5.1 Fees Fees for certain Services are set forth on the Site or via the service panel in the Software (the “Service Panel”). Unity may increase, modify or add new fees and charges for any of the Services from time to time by posting such changes to the Site or within the Services Panel. Unity will provide you with at least 30 days’ notice of any changes affecting existing Software and/or Developer Services you have already started using, and your continued use of such Software and/or Developer Service after the effective date of any such change means that you accept and agree to such changes, as applicable. You agree to pay all amounts due for the Services as set forth in the online cart, quote or invoice and in accordance with Unity's payment terms and, if applicable, those of any payment processor. If any payment is not made on time, Unity may deactivate your access to the Services. Payments made under the Agreement shall be made without deduction or set-off for any withholding taxes, levies, imports, duties, charges and/or fees imposed by any governmental taxing authority except as required by law. If you are compelled to make any such deduction, you will pay to Unity such additional amounts as are necessary to ensure Unity's receipt of the full amount that Unity would have received but for the deduction. You will be responsible for, and agree to promptly pay, all taxes or duties of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase or your receipt or use of the Services, except for taxes based on Unity’s net income. In the event that Unity is required to collect any tax for which you are responsible, you will pay such tax directly to Unity or its payment processor. Unity reserves the right to collect any applicable sales, use or value added tax. All sales are final and there shall be no refunds except as required by law. Further, Unity will not allow changes to your purchase after you complete it. Unity may disable all copies of the Software and/or your access to any Services you have licensed or subscribed to in the event you fail to make all payments when due. You acknowledge and agree that, in the case of certain Services, any estimates of fees and charges provided to you by Unity (whether based on assumed data consumption or otherwise) are solely estimates based on assumptions and that you are fully responsible for the actual fees and charges that accrue. 5.2 Billing If you purchase Services, you will be asked to provide customary billing information, such as name, company name, billing address, credit card information, and VAT or GST number, either to Unity or its third party payment processor. VAT and GST numbers cannot be added or changed after the purchase is completed. When you provide billing information to Unity or its third party payment processor, you: (i) represent and warrant that you are the authorized user of the card, PIN, key or account associated with such billing information; (ii) agree to pay Unity for all purchases (including all applicable taxes) made via the Site or Services Panel; and (iii) thereby authorize Unity or its third party payment processor to charge your credit card or otherwise process your payment for any purchase, subscription or other fees incurred by you. If you are directed to Unity’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s privacy policy. Please review such third party’s terms and conditions and privacy policy before using such services. 5.3 Subscription Terms Any subscriptions you purchase will remain in effect for the initial subscription period, and thereafter will automatically renew on a month-to-month basis at the then-current list price, unless you renew the subscription for a new subscription term or terminate and cancel it as described on the Site. 6. Compliance To ensure compliance with the Agreement, you agree that within ten (10) days from the date of Unity or its authorized representative’s request, you shall provide all pertinent records and information requested in order to verify that your installation and use of any and all Services is in compliance with the Agreement along with a signed verification that all such information is complete and correct. Furthermore, if you are a Legal Entity, Unity or its authorized representatives may upon reasonable prior notice access and inspect your facilities and computer systems to review and verify your compliance with the Agreement. Any such inspection shall be conducted during regular business hours at your facilities or electronically via remote access. In the event you have impermissibly used Unity Personal (or other products) or have not paid the applicable fees for all Services you have deployed or used, you agree to immediately pay for such Services, as well as the reasonable inspection costs, upon Unity’s demand. 7. Termination And Account Cancellation Unity will have the right in its sole discretion, and without prior notice to you, to suspend or disable your Unity Account or terminate the Agreement and/or your right or ability to access or use any of the Services if: (a) you breach this Agreement; (b) your use of the Services poses a security risk to, or otherwise adversely impacts, the Services or any third party; (c) your use of the Services subjects Unity, our affiliates or any third party to liability; (d) your use of the Services may be fraudulent; (e) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. In the event of any suspension, disablement or termination, you acknowledge that: (i) Unity will have no further obligation to provide the Services to you; (ii) all rights granted to you under the Agreement will immediately cease; (iii) you may no longer access any of Your Content that was previously submitted via any of the Services or that was related to your Unity Account, and Unity will have no obligation to maintain or forward you Your Content; and (iv) you will remain liable for all fees and charges for all Services ordered. If Unity suspends, disables or terminates due to your breach, you will also remain liable for any remaining amounts owing for the entire term of your subscriptions. Any suspension, disablement or termination will not affect your obligations to Unity (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, disablement or termination. 8. Disclaimer THE SERVICES ARE ALL PROVIDED BY UNITY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. UNITY AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT THE SERVICES, OR ANY PART THEREOF, WILL OPERATE UNINTERRUPTED OR ERROR-FREE. UNITY AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT UNITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UNITY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF YOUR CONTENT, AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, OR YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES. 9. Indemnity To the maximum extent permitted by law, you agree to defend, indemnify, and hold Unity, its officers, directors, employees and agents, harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of any of the Services; (ii) Your Content; or (iii) your violation of the Agreement or any other agreement/license with Unity. 10. Limitation Of Liability UNITY AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY RELATED TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNTS PAID BY YOU IN THE MOST RECENT THREE (3) MONTHS FOR USE OF THE SERVICES; OR (B) ONE HUNDRED U.S. DOLLARS (US$100). IN NO EVENT WILL UNITY, ITS LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SERVICES, OR FROM THE USE OR INABILITY TO USE THE SITE, COMMUNITIES OR WEBSITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHERS AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR COMMUNITIES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT UNITY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 11. Controlling Law and Jurisdiction 11.1 Choice Of Law The Agreement is governed by and construed in accordance with the laws of Denmark, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. 11.2 Arbitration Except as set forth below in Section 11.3, any dispute arising out of or in connection with the Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration. The parties agree to arbitrate all disputes by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and unity 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 11.3 Arbitration Exceptions Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in court: (a) to enforce its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including without limitation to seek injunctive relief; (b) in cases that do not involve intellectual property rights, to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages); or (c) collect fees due pursuant to the Agreement. If you reside (or your principal place of business is) within the United States and the parties have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in San Francisco County, California. If you reside (or your principal place of business is) outside of the United States and the parties have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue in the courts located in Copenhagen, Denmark. The parties agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. 12. General The Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Unity have executed a separate agreement governing your use of the Services, in which case such separate agreement(s) will control in relation to the relevant Services. The English language version of the Agreement is legally binding in case of any inconsistencies between the English version and any translations. Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of the Agreement are hereby rejected by Unity and will be deemed null. You may not assign or transfer the Agreement or any rights granted hereunder, by operation of law or otherwise, without Unity’s prior written consent. Any attempt by you to do so, without such consent, will be void. Unity may assign or transfer the Agreement, at its sole discretion, without restriction. Unity may assign your User account for collection, and the collection agency may pursue claims limited to the collection of past due and owing amount and any interest or cost of collection permitted by law or the Agreement in any court of competent jurisdiction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or otherwise. Unity will deliver all notices, approvals or other communications required or permitted under the Agreement, including those regarding modifications to the Agreement: (a) via e-mail (in each case to the address that you provide); or (ii) by posting to the Site, the Service Panel or your Unity Account. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of the Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of the Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of the Agreement is held to be unenforceable or invalid that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. If you have questions about these Terms of Service, you may contact terms@unity3d.com. If you have questions about your software license key, you may contact support@unity3d.com. Privacy Policy Last Updated: May 24, 2018 1. Frequently Asked Questions (FAQs) These FAQs provide a handy entry point to our longer and more comprehensive Privacy Policy (see Section 2 below). They are intended to enhance rather than replace the important notices in the Privacy Policy, which governs our collection, use, storage, and sharing of the information that we collect or receive from you. What's new as of May 25, 2018? In these new FAQs, we provide more examples of how we may use some of the data we collect. They enhance our prior explanations but are not intended to imply that these are new uses of collected data. Additionally, if your data indicates you are in the European Economic Area (EEA), we have added information regarding new opt-out capabilities enabled for in-game advertising, and information on how you can exercise your data access and deletion (erasure) rights. Over the next few months, we will introduce the following “Data Privacy” icon to our ads, dashboards, and other points of interaction: This icon will show you where you can review your data and exercise your privacy choices. It is meant as a helpful access point for viewing your personal data in the context of its use within Unity systems. For those playing games where Unity ads appear, you may see the icon instead of the traditional information (“ℹ”) button. For those using our software to build games, you may see it in a privacy dashboard. I am a game developer that uses Unity software to build my game, what should I know? You can access and update your information by logging into your Unity account on our website. We use analytics services to understand how developers use our software in order to improve our software and services. We also include certain device data collection in the runtime of the software, which is incorporated into the applications you create with the software. You should be sure that your privacy policy explains to your players the variety of technical information that is collected and shared with third parties like Unity. If you use Unity developer services such as Mobile Advertising and Analytics, read the applicable FAQs below and our Cookie Policy. I visit the Unity website, what should I know? We collect log info, including IP address and device data, related to your visits to our site. When you post comments on our community pages and forums, other forum users will be able to see your username, photo and comments. When you post, you should assume that all the information you provide is public. I play a game built with Unity software, what should I know? Unity has collected some or all of the following information about your device: unique device identifiers (e.g., IDFV for iOS devices and Android ID for Android devices); IP address; country of install (mapped from IP address); device manufacturer and model platform type (iOS, Android, Mac, Windows, etc.) and the operating system and version running on your system or device; language; CPU information such as model, the number of CPUs present, frequency, and instruction set support flags; the graphics card type and vendor name; graphics card driver name and version (e.g., “nv4disp.dll 6.10.93.71”); which graphics API is in use (e.g., “OpenGL 2.1” or “Direct3D 9.0c”); amount of system and video RAM present; current screen resolution; version of the Unity Editor used to create the game; sensor flags (e.g., device support for gyroscope, touch pressure or accelerometer); application or bundle identification (“app ID”) of the game installed; unique advertising identifiers provided for iOS and Android devices (e.g., IDFA or Android Ad ID); and a checksum of all the data that gets sent to verify that it transmitted correctly. Some Unity developers use Unity’s Analytics and Ad services, which collect additional information (see FAQs on Unity Analytics and Unity Ads below for details); however, our usage of this data is largely for the following purposes. In serving ads, we try to predict which ads will be of most interest to you based on the games you play and the ads you watch. For analytics, we assist our developers to deliver the best game experience for you. For example, game developers who use our software often standardize certain features to enhance game player experience, such as saving your place in a game. This means that the game level you reached in your last session is where you will begin when you return to the game. Developers also need our assistance in tracking when you are eligible to redeem a reward within a game, such as when you have completed a challenge and get store credits to purchase new tools to play the game. In our analytics service, some of your data points will also be rolled up into an anonymized, aggregated format to help game developers make decisions about how they support their games. For example, if a game developer is considering phasing out support for an older version of iOS software, they may look at the total number of players currently using that version of iOS software to determine if they need to support that version in updates. Another use on a per game basis is when a developer analyzes the numbers of players dropping out after a certain level. The developer would use this information to look at the design of their game and re-assess if the game challenge is truly intuitive or needs some additional instruction for players. This allows the developer to enhance the experience and retain the developer’s customers better. I play a game that uses Unity Analytics, what do I need to know? Unity has collected device information, like IP address and device identifiers, as well as events completed or actions taken within the game, including level, number of credits, time it took you to earn them, metadata about in-game communications and the value and details of purchases. Using our systems, the developer of the game has ongoing access to this data. This collection and use of data makes it possible for your experience to operate as expected by permitting you to do things like redeem rewards you have earned or return to where you left off in a game. Other Unity customers may have access to aggregated reports about game activity in general across a number of games. These reports are based, in part, on your game activities, but do not specifically identify you or your device. The reports described in this paragraph help developers make decisions on optimal methods to run the games they have made for you. For example, the developer may need to know the types of devices running the game to determine how to support game updates on an ongoing basis. Some data collected by Unity Analytics may be used by Unity Ads for personalized advertising; see the FAQs related to advertising for more information. I received an ad from Unity Ads, what do I need to know? Unity Ads has probably collected device information, like IP address and device identifiers, and information regarding the delivery of ads and your interaction with them, all of which may be shared with ad publishers and attribution companies. For clarity, Unity collects the following data: whether you click or tap an ad for a new game, whether you watch the ad or play a game frequently, whether others playing a game like the one you’re playing have downloaded a particular new game, and whether you download and install the new game you see advertised. All of this is for purposes of predicting the types of new games that you might like to download. Unity may track additional data about you in the future for purposes of making these types of predictions, and we will notify you prior to new data collection. Do I have any choices regarding the data collection described above if I do not wish to see personalized ads? If you are in the EU and do not wish to be targeted in this manner, the first Unity ad you see in an app (as of May 25, 2018) explains how you can opt-out of data collection in that particular game. You can opt-out then or at any time by clicking or tapping the “ℹ” button (or Data Privacy icon) on any ad you see (the “ℹ” button or Data Privacy icon will also allow you to access the data that is collected about you in that particular app). For example, you might see a summary that includes information indicating that we see that you are using an iPhone 8 and you are playing from Germany. In the past week we’ve seen you 5 times in this game and have shown you 27 ads. You have installed 0 games based on those ads. (Additionally, all users, regardless of their location, may opt-out of all personalized advertising by enabling privacy features on their devices such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See your device’s Help system for more information.) Also, you may see certain “brand” advertising within our ad network (a brand ad is advertising for products that are not games, such as ads for an airline travel deal or a soft drink). Unity gets these ads from third-party networks. We do not permit these third parties to add your app usage to their marketing database, except for a few exceptions, which we specifically list in the Advertising Choices section of our Privacy Policy. The small subset of third parties listed are clearly noted as being permitted by our contracts to use the fact that you play a particular game in their future targeting of ads to you for other non-Unity parties. The remaining parties listed have been clearly noted as not permitted to maintain data about the ad they served you through the Unity network for future use. Please note that if you have told Unity not to target you or you have exercised choices directly with these third parties as described in our Advertising Choices section, this information will not be maintained or used by us or these third parties. Please note that if you have elected to not have your data collected by Unity, we do not send your advertising identifier to any third party, and you will receive only contextual advertising inside our network. You may also visit the third parties listed in our Privacy Policy (at the links we provide) to see the types of data that these parties have about you based on your device’s advertising identifier. Please review the section “What are my privacy choices for advertising?” below to learn more about how to exercise choice with regard to personalized ads. I play a game that uses Unity Multiplayer, what do I need to know? Unity has collected unique device identifiers, IP address (which may be matched to identify approximate location for matchmaking), as well as information regarding games played and match attributes. What are device identifiers (like IDFA or fingerprints) and why do you collect them? Like many other providers of mobile apps, instead of requiring users to create an account and log in to it each time they access one of our apps, Unity and others using our products may opt to recognize the user’s device through various device identifiers. Device identifiers are also used for functions that require Unity to recognize devices across various apps. I use Unity’s game replay service (Everyplay), what do I need to know? A: Unity has probably collected unique device identifiers and your IP address as well as your activity within the service. If you have created an account with Unity’s game replay service, Unity has received any information you actively provided when setting up your account, including email address and username. Our primary use of your data will be provision of the game replay platform and all its features, including analysis and improvement. You can access and update your account info by visiting Everyplay and navigating to the user settings page. Also: When you create an account or profile your username, profile photo, cover photo, user description, users that you follow and users that follow you will all be public, which means that anyone can see that information and we, as well as others, may share it. Replays that are set to public will be viewable by anyone AND the service or the relevant Developer may use the replay to promote the service or the relevant game. When you comment on, share or like a replay using the Unity game replay platform, your replay, including any audio or video narration you attached to the replay, like or comments will be visible to others. When you share a replay on a social network - depending on your privacy settings on that social network, some users of that social network will see the replay. I sell assets in the Unity Asset Store. What do I need to know? Unity has collected information about your device, including IP address, and your use of the Asset Store as well as any information you actively provided when you created your account. Our primary uses of your information will be to facilitate your placement of assets in the store and to ensure that you are paid in accordance with our agreement. Other uses might include sending you updates on changes or promotions in the Asset Store. You can access and update your account info by logging in to the Asset Store and visiting the Publisher Administration page. Also, when you publish or provide assets for licenses on the Asset Store, your seller name and other information in your Publisher profile will be visible. I bought an asset in the Unity Asset Store. What should I know? Unity has collected information about your device, including IP address, and your use of the Asset Store as well as any information you actively provided when you created your account. Our primary uses of your information will be to facilitate your access to the Asset Store and any assets you have purchased as well as to assure our developers selling assets on the Asset Store that we are effectively providing them due compensation. Other uses of this information might include sending you updates on changes or promotions in the Asset Store. You can access and update your account info by logging in to the Asset Store and visiting your My Account page. You can also adjust your settings to limit the types of marketing materials we send you or to remove your consent for receiving any advertising from Unity. 2. Privacy Policy Overview Unity Technologies and its subsidiaries and affiliates (collectively “Unity”) offer a variety of products and services for game Developers and game players that will be referred to in this policy as the “Service” or “Services.” Because we would like to avoid excessive formality and make this information easy to understand, the policy refers to Unity as “we” or “us” and to the reader as “you.” When we say “device,” we mean any device, including desktop, laptop, PC or Mac computers, smartphones, tablets, or any other device that is used to access or interact with the Service. When we say “Developer,” we mean a third party that develops and/or distributes a game or other app made with Unity software and/or a game using Unity Services. By using the Service, you agree to this Privacy Policy and understand that we may transfer your data outside of the European Economic Area (EEA). This Privacy Policy governs our information practices for the Service, which includes any websites, where a link to this policy is provided. It describes how we collect, use, share, and protect information from Developers, players, ad recipients, or people browsing or using our sites (collectively “Users”) when Users access or interact with or use our Service. This includes when Users: Visit Unity websites; Choose to interact with the community and forum pages on the Services; License and download Unity’s game and app development software (“Unity Software”); License and download third party assets from, or offer your assets in, the Unity Asset Store; Use Unity Developer Services such as Unity Cloud Build, Unity Multiplayer, Unity Collaborate, Unity Analytics and Unity Ads; Play games or use applications developed by Developers using Unity Software; Play games or use applications that employ Unity Analytics (including IAP) to help Developers understand how their games and applications are used; Play games or use applications that display ads delivered by Unity Ads; Use Unity’s game replay Service, Everplay (including, viewing, posting and commenting on game video content/replays or communicating with other Users via with Everyplay; Play games or use applications that employ the Unity Multiplayer Service to help facilitate multiplayer game play. We receive information about Users, their devices, locations and interactions with the Service primarily in two ways: Actively: When Users actively provide us with information. For example, when a User creates an account with Unity, he or she will type in a name, username, and email address and may be required to provide a date of birth or other information. Passively: When our systems automatically collect information about browsers, devices, and certain activity within the Service. For example, when Users access games that employ Unity Analytics, our systems (with assistance from the Developers who want our help to analyze the use of their games) may automatically collect a variety of information from User devices and/or User game activity, including device name, device characteristics, and unique identifiers (e.g., Apple IDFA and Google Android Ad ID). 3. Information We May Collect or Receive (Depending on Which Product or Service Is Used) Information that you or others actively provide, including: Name Age or date of birth Gender Username Profile photo Email address Physical or mailing address Phone number Name and contact information for a business or organization Password(s) that Users create to access parts of the Service Billing or financial account information and tax or government IDs: When Users provide payment (e.g. credit card) information to make a purchase, that information is sent to payment processors who assist Unity. Unity’s payment systems are not designed to store credit card numbers. When Users, such as publishers in the Asset Store, provide us with the information we need to send them payments. Social network information: When you log in to our Services with a social network account, you may have the option of sharing information such as the name you use on that network and your friends list or other information that the third party social network chooses to share with Unity. Users may share information with us that we store on their behalf and use to enhance their experiences. For example, in Unity’s game replay Service, Users may be able to upload contacts so they can make connections or to have invitations sent to friends. Users may provide us with information when they participate in community and forum pages on the Services. For certain Developer Services such as Unity Cloud Build, Unity Collaborate, Unity Multiplayer or Unity Analytics, Developers may provide game information and credentials, including source control information as well as codes and keys. Location information: Users can actively provide specific location information in certain account registration processes or when providing payment information, such as a billing address. Users can choose to share the specific location of their device by permitting games and apps, including those that use Unity Analytics, to access it through the GPS functionality on their device. Information that is passively collected by Unity (often automatically), including: Device Information: including various unique identifiers, such as IDFA, Android Ad ID, IDFV, MAC address, when, for example: You access games provided by Developers that are developed with Unity Software; You access games in which the Developer employs Unity Analytics to understand the use of their games and improve the player experience You receive ads delivered by Unity Ads; You play games provided by Developers that utilize Unity’s Multiplayer Service; You access games provided by Developers that offer Unity’s game replay Service; and Location information: Our systems (like most used on the web) automatically collect an IP address when Users access the Service. IP addresses can be used to learn about the general location (e.g. city, state and country) of the User’s point of access to the web. Game play activity and actions: When you play a game that uses Unity Analytics, certain game activities such as play session information and monetization events are collected. A Developer using Unity Analytics may choose to collect User information such as name, email address, birthdate, gender, app ID or other Developer-defined data parameters. Please note that Unity does not access or use this data collected pursuant to a Developer’s custom configuration. Log information: When you access our Service or products that use an aspect of our Service, we may log a variety of technical information (“Log Info”), including: IP address; Device information, including device name and IDs, hardware model, operating system and version, and mobile network information; Browser information; Cookie information; Date/time of access; Requested page(s); and Referring page(s). User device information: When you play a game built with Unity Software, Unity may collect some or all of the following information when you use the game: Unique device identifier generated from the device MAC/IMEI/MEID, which we alter to limit the ability to identify the relevant device in the future; An advertising ID, such as the Apple IDFA or the Android Ad ID; IP address; Device manufacturer and model; The operating system and version running on your system or device; Browser type; Language; The make of the CPU, and number of CPUs present; The graphics card information, such as type, vendor and driver name, version and graphics API; Amount of system and video RAM present; Current screen resolution; Unity Player and Unity Editor versions; Operating system identifier (e.g., Mac, Windows, etc.); A checksum of all the data that gets sent to verify that it did transmit correctly; and App ID of the game installed. Developer Software information: When you use Unity Software to develop games and apps, we will collect IP address, operating system, username, hostname, hardware ID, serial number, Unity ID, organization ID, and project ID during your first use of the Software. When you use Unity Software, it may automatically make Internet connections to check for updates, validate your license keys, and provide us with aggregated usage statistics. We may employ third-party analytics services to collect and analyze Developers’ use of the Unity Software. Unity Cloud Build information: If you use Unity Cloud Build Services, our systems are designed to track the progress of builds and to alert you and us when key steps have been completed. Cookies and choices concerning Unity Ads: Unity and others working on Unity’s behalf may employ cookies and related technologies to store information on or read information from your browser or device. The technologies used for these purposes may include: (i) cookies; (ii) web beacons; (iii) tracking pixels; and/or (iv) local shared objects (also known as Flash cookies). To learn more, see our Cookie Policy. Unity may collect information, including the App List, to provide personalized ads. To learn more, see our Cookie Policy. Third-party advertisers (and the ad networks they use) who place ads within the Service may use cookies or related technologies to deliver ads. To learn more about the use of cookies and related technologies within the Service, see our Cookie Policy. Other information: We may obtain additional information about you from third parties such as marketers, partners, researchers, and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription, product, or service we provide. 4. How We Use the Information We Collect or Receive A. Use at a Glance We primarily use the information we collect to provide, administer, operate and improve our Services. We may use your information for the following purposes: To create, administer and troubleshoot accounts, Services we provide; To credit or accept payments; To provide technical support and respond to inquiries; To prevent fraud, enforce the relevant terms of service or licenses, and protect Users; To analyze use of the relevant ad, site, game, product, or software; test changes and improvements; to personalize your experiences, and; to identify and suggest connections with other Users; To perform analytics and research aimed at improving the accuracy, effectiveness, usability, or popularity of products and services that Unity and Developers provide; To create and share statistics and reports regarding aggregate usage of Unity-powered apps; To enable user-to-user communications; To link to or combine with other information we have gathered; To deliver and target advertising, including personalized ads; To inform Users of new products and services, including promotional offers; and To contact you with information that we believe will be of interest to you. As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. B. Comprehensive List Below we list how we and our service providers use Personal Information for legitimate business purposes more comprehensively and inclusive of our legal basis for such collection and use as required by laws of certain jurisdictions where we operate including: Providing the functionality of the Services and fulfilling your requests. To provide the Services’ functionality to you, such as arranging access to your registered account, and providing you with related customer service, including troubleshooting and service restoration. To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request a quote for or other information about our Services. To complete your transactions and provide you with related customer service. To send administrative information to you, such as changes to our terms, conditions and policies. To allow you to send messages to another person if you choose to do so. We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation. Providing you with our newsletter and/or other marketing materials and facilitating social sharing To send you marketing related emails, with information about our services, new products and other news about our company. To facilitate social sharing functionality that you choose to use. We will engage in this activity with your consent or where we have a legitimate interest. Analysis of Personal Information for business reporting and providing personalized services. To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services. To better understand you, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests. To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you. We will provide personalized services either with your consent or because we have a legitimate interest. Allowing you to participate in sweepstakes, contests or other promotions. We may offer you the opportunity to participate in a sweepstakes, contest or other promotion. Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. We use this information to manage our contractual relationship with you, or in some cases, based on your consent or our legitimate interest. Aggregating and/or anonymizing Personal Information. We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose. Accomplishing our business purposes. For data analysis, for example, to improve the efficiency of our Services; For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements; For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft; For developing new products and services; For enhancing, improving, or modifying our current products and services and/or assisting our developers with this activity; For identifying usage trends, for example, understanding which parts of our Services are of most interest to users; For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users or our publisher’s and other advertising customer’s users; and For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users or assisting our developers with this activity within their business so we can focus our and their energies and resources on meeting our users’ interests; We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have your consent or a legitimate interest. We disclose Personal Information: To our affiliates for the purposes described in this Privacy Policy. You can consult the list and location of our affiliates here: https://unity3d.com/contact/addresses Unity Technologies, Inc. is the party responsible for the management of the jointly-used Personal Information. To our third-party service providers, to facilitate services they provide to us. These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services To third parties, to permit them to send you marketing communications, consistent with your choices. To third-party sponsors of sweepstakes, contests, and similar promotions. By using the Services, you may elect to disclose Personal Information On message boards, chat, profile pages, blogs and other services to which you are able to post information and content (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public and may be available to other users and the general public. Through your social sharing activity. When you connect your Services account with your social media account, you will share information with your friends associated with your social media account, with other users, and with your social media account provider. By doing so, you authorize us to facilitate this sharing of information, and you understand that the use of shared information will be governed by the social media provider’s privacy policy Other Uses and Disclosures We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so: To comply with applicable law and regulations. This can include laws outside your country of residence. To cooperate public and government authorities. To respond to a request or to provide information we believe is important These can include authorities outside your country of residence. To cooperate with law enforcement. For example, when we respond to law enforcement requests and orders or provide information we believe is important. For other legal reasons. To enforce our terms and conditions or licenses; and To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others. In connection with a sale or business transaction. We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) Such third parties may include, for example, an acquiring entity and its advisors. 5. Sharing Information How we might share the information we collect or receive Our affiliates located all over the world for the purposes described in this Privacy Policy on a need to know basis. You can consult the list and location of our affiliates here: https://unity3d.com/contact/addresses Third-party service providers: We provide User information to other companies that perform Services on Unity’s behalf. For example, we may employ service providers to process payments; host or store our data; deliver email messages or analyze data. With certain Asset Store sellers, we provide customer information, such as an email address, when you purchase or license certain products (like SDKs) to the sellers of those products in our Asset Store. We provide this information to assist the provider with fulfilling your purchase(s) and, in the case of our Asset Store partners, to allow them to contact you about new products and Services. Safety, security, and legal compliance: We may share your information: When we have a good faith belief that we are required to disclose the information in response to legal process (e.g., if we receive a court order, search warrant, subpoena, or similar legal process); To satisfy any applicable laws or regulations; If we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; When we have a good faith belief that there is a meaningful risk that poses a threat to the safety of you, another person or the public generally; and In order to protect the rights or property of Unity, including to enforce the terms and licenses that govern the use of the Services. Sale or merger: In the event that Unity explores or undergoes a business transition, such as a merger, acquisition by another company, transfer of control, or sale of all or a portion of its assets, we may share or transfer all of your information, including personal information. Developers using Unity Analytics will have ongoing access to data about the Users of their games and apps and any associated data, such as user ID, device ID, app ID, purchasing data, and actions completed within their games. Advertising: Unity Ads: We may utilize the data collected from Developers’ apps to place personalized ads in Developers’ apps and elsewhere. This usage will permit other parties, such as publishers and attribution companies, to learn about the devices that received, viewed or interacted with ads. Third-party products and services: As discussed in our Cookie Policy and elsewhere, we may permit advertisers and their agents to use cookies or related technologies within the Service to store information on or read information from your browser or device so that they can optimize their advertising campaigns, including to frequency cap and deliver targeted ads. With your consent: We may share your information for other purposes if (i) you direct us to do so or (ii) you consent to such sharing. De-identified and/or aggregated information: Some of the information we collect does not directly identify you or your device. We may modify other information that can identify you or your device to limit or prevent such identification by de-identifying it or aggregating it. We can share de-identified and/or aggregated information with any third party without restriction and use it for any purpose. Example of how your actions can result in sharing with others Sharing can happen within our Services and outside it when you take certain actions. For example: When you create an account or profile on Unity’s game replay Service (Everyplay), your username, profile photo, cover photo, User description, Users who you follow, and Users who follow you will all be public, which means that anyone can see that information and share it. Also, any replay or video, including those that you narrate with audio or video narration, that is marked as public can be used or reused by the relevant Developer or the Service to promote or market the Service and the underlying game. When you comment on, share or like a replay using Unity’s game replay Service (Everyplay), your replay, like or comments will be visible to other Users. When you share a replay on a social network – depending on your privacy settings at the relevant social network – some Users of the relevant social network will be able to see the replay. When you post comments on our forums, visitors and other forum Users will be able to see your username, photo, and comments. When you publish or provide assets for license on the Asset Store, your seller name and other information in your Publisher profile will be visible. 6. Our Policies Concerning Children Our Services are intended for general audiences. Unity does not knowingly collect any personal information from children. If any party becomes aware that a child under the age of 13, or under the age of 16 for those parties in the European Economic Area, has provided us with personal information in contravention of our policies, they should contact us at DPO@unity3d.com. Some third parties, such as platform providers like the iTunes Store or Google Play, may provide age-based ratings on some of the apps created by Developers. These ratings shall have no bearing on this limitation. Third parties may also provide content categories on some of the Services. These categories shall have no bearing on this limitation. 7. Accessing/Updating/Deleting Your Information We provide Users with a variety of ways to access and update their information (described below). For those with Unity accounts described below, please send any requests or questions to DPO@unity3d.com. Unity Software Developers: Log in to the Unity Store and navigate to the My Account page to view and update your information. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Asset Store Sellers: Log in to the Asset Store and visit your Publisher Administration page to view and update your information. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Purchasers: Log in to the Asset Store and visit your My Account page to view and update your information. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Unity Ads Publishers and Advertisers: Log in to your account and navigate to the Settings page where you can view and update your information. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Unity Cloud Build Developers: Log in to your account and navigate to the My Account page to view and update your information. The account administrator for Unity Cloud Build products may also have to direct Unity as to the deletion (erasure) of specific users and the exporting of content for the project that the administrator controls. Unity may not be able to fulfill a request to delete (erase) or port a project without first receiving an account administrator’s permission. Please direct all such requests to DPO@unity3d.com. Community (including Forums and Answers) Log in to the Unity website and navigate to the Edit Account page. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Unity Analytics Developers: Log in to your account and navigate to the Edit My Account page to view and update your information. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Unity’s game replay Service (Everyplay) Developers: Log in to Everyplay and navigate to the Edit Profile page to view and update your information. Users: Log in to Everyplay and navigate to the User Settings page by using the drop-down menu on the Profile tab. On the User Settings page, you can view and update your profile description, avatar, and cover photo. You can also change your password and delete your profile. Gameplayers viewing Unity Ads or Profiled in Analytics You can access the data collected about your device on a per-app basis by clicking or tapping the “ℹ” button or the Data Privacy icon on the ad unit. By scrolling through the disclosure, you will either see a dynamically populated paragraph of plain text showing you the data related to your device from that app or you will see an option to click/tap a link within the text to see the data display. If you object to our maintaining this data or collecting future app-usage data, you may elect to opt-out of further collection and request deletion of historical data. Please note IP address may be maintained in logs for security of our system for both Ads and Analytics services running on your device and may continue to be collected. If your app developer does not use Unity Ads service but collects data and uses Unity Analytics, the app developer may have configured privacy settings within the app in order to permit you to object to profiling and opt-out of further profiling using this data. You will be able to request deletion (erasure) of data with this feature enabled directly within your app. 8. Your Choices About Unity’s Collection and Use of Your Information You always have the option to refrain from using the Service or to discontinue using the Service if you do not want information collected about you. You can choose to use the Service in a manner that limits the data we collect. For example, in Unity’s game replay Service (Everyplay) you can create an account but choose not to provide a photo. You can access and update your information as described in the section “7. Accessing/Updating Your Information." You can opt out of communications like email, by following the instructions in any marketing message you receive. However, We reserve the right to send a message confirming your opt-out, whether it applies to email or SMS messages; and Users who opt-out of marketing messages may still receive administrative, relationship, or transactional messages (e.g., we might send a notice about changes to our Terms of Service or changes to the functionality of a product or Service). Unity Ads opt-out: You cannot opt-out of receiving ads in games or apps using Unity Ads, but you can take steps to opt-out of certain personalized ads, including within the ad unit, by clicking or tapping the “ℹ” button or the Data Privacy icon. Please note that if you are not in the European Economic Area (EEA), your app publisher may have chosen to only apply the opt-out to those players in Europe and other countries with similar privacy laws. If that is the case, you may opt-out of all tracking by following the instructions in our Advertising Choices section or see our Cookie Policy for more information on your choices for tracking and targeting of ads in apps on mobile devices and the options available to you. Analytics opt-out: Unity Analytics offers an opt-out to Users of Developer apps to the extent the data collected may be used for targeting purposes and assisting Unity Ads in delivery of its Services. If you do not want your information collected by Unity Analytics for other purposes described herein, such as crash reporting or helping you save your place in the game, you may have to stop using the game or application utilizing Unity Analytics. Multiplayer opt-out: Unity Multiplayer does not currently offer an opt-out to Users of Developer apps. If you do not want your information collected by Unity Multiplayer, you may have to stop using the multiplayer features in the game or application utilizing Unity Multiplayer. We use Google Analytics to understand how our sites are used and to improve experiences within the Service. If you want to know more about how Google Analytics works or to exercise choice in regard to the data collected by it, please visit http://www.google.com/policies/privacy/partners/. In order to control the collection of data for analytical purposes by Google, you can install the Google Analytics Opt-out Browser Add-On. Please note that we can use our own logging and tracking to understand use of our sites that do not make use of Google Analytics, and your use of their browser add-on will not impact that tracking. We use Twitter’s ad platform to bring you more useful and interesting advertising content. If you are on the web, you can visit the Digital Advertising Alliance’s (DAA) consumer choice tool at optout.aboutads.info to opt out of interest-based advertising from Twitter in your current browser. On your mobile device, enable the Limit Ad Tracking setting in your iOS phone’s settings, or the Opt Out of Ads Personalization setting in your Android phone’s settings. Account Deletion: Everyplay Users can request an account deletion from the User Settings page in their account. Any User may contact DPO@unity3d.com to delete their Unity Account. Deleting your Unity Account does not relieve you of the obligation to pay any remaining amounts owed for your subscription(s). 9. Transfers out of Country of Collection Unity has implemented and maintains a framework consistent with applicable law for transfers of data outside of the country of collection, including for transfers out of the EEA. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information. ADDITIONAL INFORMATION REGARDING THE EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by contacting DPO@unity3d.com. We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. 10. Safeguards We employ a variety of measures to safeguard the collection, transmission, and storage of the information we collect. These measures vary based on the sensitivity of the information that we collect, process, and store, and the current state of technology. Please note that no system can be guaranteed to be 100% secure. Therefore, while we strive to employ reasonable protections for your information that are appropriate to its sensitivity, we cannot guarantee or warrant the security of the information you share with us and we cannot be responsible for the theft, destruction, loss or inadvertent disclosure of your information. 11. Changes to This Privacy Policy We reserve the right to change our practices and this policy at any time. We may also send an email or provide notice within some or all of our offerings when this policy changes. We encourage you to check this page regularly so that you know what our current practices are. 12. California Privacy Rights Sharing with third parties for direct marketing purposes: California residents have the right to request the identity of any third parties to whom the resident’s personal information was shared, if such sharing was to enable the third party’s direct marketing efforts. If you are a California resident and wish to make such a request, please submit your request to DPO@unity3d.com OR to opt-out of having your personal information shared with third parties for their direct marketing purposes, please email us at DPO@unity3d.com. How we respond to “Do Not Track” signals: We are committed to providing you with meaningful choices about the information collected on our Services for third-party purposes, and that is why we provide information in our Cookie Policy about how to prevent the delivery of targeted ads, and information in this policy about how to prevent Google Analytics and Twitter from collecting information. We do not, however, recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions. To learn more about Do Not Track signals, you can visit allaboutdnt.com. 13. Links to Sites and Service Operated by Others The Unity Service may contain links to other sites, applications, and services. Because Unity does not operate those other sites, applications, and services, we cannot take responsibility for the privacy practices of the entities that operate them. We recommend that you consistently check privacy policies to understand an operator’s practices. As a reminder, this policy describes Unity’s practices. 14. Contact Us: DPO@unity3d.com Unity Technologies, 30 3rd Street, San Francisco, CA 94103 (United States contact) Unity Technologies Finland OY, Kaivokatu 8 B, 00100 Helsinki, Finland (European Union contact) 15. Cookie Policy What are cookies? Cookies are pieces of data that sites and services you use or visit can set on your browser or device and they can typically be read on future visits to learn more about the User and to personalize an experience, including the ads that are displayed to the User. “Cookies” is also a term that may be used to refer to a range of technologies that help an operator identify Users and devices, which in turn can help personalize an experience, prevent fraud, store preferences, and speed up delivery of content. How does Unity use cookies? Unity may employ cookies and related technologies described below for a variety of purposes, including: To learn more about how our products and Services are used and similar analytical purposes; To understand how Users interact with our ads; To understand how to improve performance; To prevent fraud; To customize our products and Services with more relevant content; and To provide you with more relevant advertising. For example, we might use a web beacon to learn whether an email message was opened or we might store preferences in a Flash cookie (see below for more information). What types of cookies and other technologies does Unity use? As described below, Unity employs a number of technologies to provide and improve the Service. When you use the Service, you consent to our use of these technologies, but you are welcome to exercise the choices described below. Browser cookies: Unity uses browser cookies. Most major browser companies offer tools or settings for Users who do not want cookies set or read on their devices. Please visit your browser’s settings or privacy settings pages. Local shared objects: Unity may use local shared objects (also known as Flash cookies) on its sites. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove Flash cookies. To learn more about how to manage Flash cookies, you can visit the Adobe Flash Player website and make changes at the Global Privacy Settings Panel. Beacons, pixel tags, clear GIFs: Unity or its service providers or third parties advertising within the Service may use these technologies to learn the online behavior and interests of Users and to personalize ads that Users see. To learn more about behavioral advertising, please visit the Network Advertising Initiative’s (NAI) website. Device IDs and digital fingerprinting: The Service may use one or more of a variety of unique identifiers to recognize users and their devices, including MAC address, IDFA, Android Ad ID, and digital fingerprint, which may be comprised of several types of data, including device name, the app list or applications installed on the device, and browser characteristics. NOTE: Unity may also generate and assign a user ID when you access or use one of its Services. What are my privacy choices for advertising? Advertising helps to defray certain costs of providing Services, especially costs that are incurred by Unity but not recovered from Users. Thus, you may not have a choice to prevent advertisements from being presented when using the Services; however, you do have choices to limit personalized advertisements that are tailored to your interests. If Unity delivers personalized advertising, Unity will provide notice and information about how you may be able to opt-out of such personalized advertisements. Such opportunity to opt out may occur through your device settings (see the section “Information and choices regarding tracking and targeting on mobile devices” below) and the choices available within the ad unit as described in this policy by accessing the “ℹ” button or Data Privacy icon in the ad unit. Developers may use other third-party advertising networks, and Unity’s choice features within its ad units only apply to ads delivered in the Unity network. If you do not wish to receive personalized advertising that is delivered by third parties, you may be able to exercise that choice through opt-out programs that are administered by third parties, including the Network Advertising Initiative (NAI), the Digital Advertising Alliance (DAA), and/or the European Interactive Digital Advertising Alliance (EIDAA). Where applicable, you may exercise your opt-out choices at the NAI website, the DAA website, or the EIDAA website. Unity does not control these third-party-provided opt-out processes and is not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. Unity uses Google to provide advertising through the Services and on third-party websites. We may use the following features based on Google Analytics for Display Advertising: Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting. To opt-out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. More choices regarding browser cookies and beacons and other tracking technologies There are several browser plugins available to Users who want to be better informed about and have more control over the use of cookies and related technologies on their devices. Some popular ones are Ghostery and Abine. Information and choices regarding tracking and targeting on mobile devices As of the effective date of this policy, Apple and Google offered the owners of devices that use their operating systems (iOS and Android) with options for limiting tracking and targeting in relation to ads. Unity does not control your device-level opt-out processes and is not responsible for any choices you make through such a mechanism or for the continued availability, accuracy, effectiveness, or location of that mechanism. Using a device-level opt-out mechanism may opt you out of all third-party personalized advertisements, not just those delivered by Unity. If you use an Apple device, go here. If you use an Android device, navigate to the Google Settings page, select Ads and then choose to reset your Android Ad ID or opt-out of personalized ads. To learn about options for many mobile ad networks, go here. Unity Ad’s Partners in Providing Advertising for Goods and Services Please note that the Developer of the app showing Unity Ads may have limited providing certain identifying information, including your device advertising ID, about you to our third-party partners advertising goods and services (non-game advertisements) with Unity. If that is the case, you will see an affirmative statement to that effect when you view the information inside of a Unity Ad through the “i” button or Data privacy icon inside of your app. You may still see ads from the partners listed below, but they will not be based on your personal data. Additionally, you may have opted-out of profiling in Unity’s ad network within a Unity Ad for your app, and we will only serve contextual ads from ourselves and these partners within your app. For all others, please review the following information: Controller Partners The following partners may receive an ad request from Unity containing your advertising ID, IP address, and the name of the app/game in which you will see the ad. These partners use this information to serve future ads you may see on the internet as well as inside the Unity ad network. The privacy policies linked below provide you information around the data that they have from all sources, including Unity, and your rights to delete or remove data. Google’s AdMob https://policies.google.com/technologies/partner-sites (Review the link to AdSettings) MediaMath-- http://www.mediamath.com/privacy-policy/ Processor Partners The following partners may receive an ad request containing your advertising ID, IP Address, and the name of the game in which you will see the ad. These partners act as processors to Unity and are not permitted to use this information for any further purpose, including serving you future ads. The privacy policies linked below provide you information around the data that they have from sources other than Unity: Aarki, AdColony, Ad.Net, AdMaxim, Appreciate, Beeswax, CrossInstall, GothamAds, Lifestreet, Manage.com, Moloco, Persona.ly, Receptiv, and Remerge. TeamViewer Website Privacy Policy 1. Introduction We, the TeamViewer GmbH, take protection of your personal data very seriously. The following policy provides an overview of how we ensure this protection and what kind of data is processed for what purpose. Personal data means any information relating to an identified or identifiable natural person, such as your name, address, email addresses, user behavior. Further to this Website Privacy Policy, please refer to our product privacy policies for detailed information concerning your use of the various products. Controller respectively Provider Data Protection Officer Categories of Data Purpose and Legal Basis for Processing Recipients Retention Periods for Personal Data Web Analytics Remarketing Applications Social Media Plugins Integrated Third Party Service Tools Statutory/contractual requirement Automatic Decision-making and Profiling Your Rights A. Controller respectively Provider TeamViewer GmbH (“TeamViewer”), Jahnstr, 30, 73037 Göppingen, privacy@teamviewer.com, provides this website. In accordance with Art. 4 para. 7 General Data Protection Regulation (“GDPR”) and § 13 German Telemedia Act, TeamViewer is controller of your personal data. B. Data Protection Officer TeamViewer appointed Mr. Häcker as external data protection officer, who can be reached at privacy@teamviewer.com or at dsb-teamviewer@ensecur.de or at ENSECUR GmbH, to the attention of Mr. Julian Häcker, Rotebühlplatz 20A, 70173 Stuttgart. C. Categories of Data TeamViewer collects and processes different categories of personal data depending on the respective service used by you. The following paragraph outlines the categories of data processed by category of service. I. Use of TeamViewer’s website 1. Protocol Data: When you visit the TeamViewer website for informational purposes, i.e. you are not logged into a TeamViewer account and/or register for any service or feature, we collect the following personal data transmitted by your server: IP address Date and time of the request Time zone difference from Greenwich Mean Time (GMT) Content of the request (specific site) Access status / HTTP status code Volume of data transmitted each time Website from which the request comes Browser Operating system and its interface Language and version of the browser software The country of origin for the visitor 2. Cookies: Furthermore, when you visit our website, cookies are stored on your computer. Cookies are small text files that are stored on your hard disk in association with the browser you are using and through which specific information flows to TeamViewer. Cookies cannot initiate programs nor deliver viruses to your computer. They serve only to make the internet service more user-friendly and effective. This website uses the different kinds of cookies set out in our Cookies Policy https://www.teamviewer.com/en/privacy-policy/?policy=cookies. 3. Web analytics, social media plugins, remarketing tools and third party integrated services: TeamViewer uses web analytic applications (please refer to G. for further information), remarketing tools for advertisement purposes (please refer to H. for further information), security features used for our product (please refer to I. for further information), social media plugins (please refer to J. for further information) and third party integrated services (please refer to K. for further information). By and through these applications and tools, the aforementioned personal data of our users are collected. For further information on those tools and applications, please proceed to relevant provision below and review the description provided there. II. Use of TeamViewer’s Contact our Sales Team First Name, Last Name, Email-address, Phone number, Country, Company, Subject, and Description: When you contact our sales team through our website contact form, TeamViewer will collect your first name, last name, email-address, country, subject and description; if you provide us with your phone number, company information and other information marked as optional, we will also collect this information and use it for contacting you and serving your request. Wherever we collect your personal data on basis of your consent, you may revoke your consent at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. Please note that TeamViewer as a global company may receive messages that require translation. In such case, our employees use translation tools in order to process your inquiry. Thus, please ensure that you do not enter personal information into the subject line and description field of your inquiry. III. Submit a Ticket Email-address: If you submit a ticket for your TeamViewer product or your TeamViewer IoT product, TeamViewer will process your email address. IV. Use of TeamViewer’s Feedback Feature E-mail-address, country of origin, and inquiry: When you contact us through the feedback feature on the website and/or within the product, TeamViewer will process your email address, your country of origin, and inquiry; if you provide us with additional information such as your name, company information, phone number, license key, as well your TeamViewer ID, and/or any attachments to your inquiry, TeamViewer will also collect such information and use it to serve the request. Wherever we collect your additional personal data on basis of your consent, you may revoke your consent at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. V. Use of Quote Request Feature Name, address, email-address, company information: If you request a quote for one of our products, TeamViewer will collect your name, address, and email address, your company information, and product inquiry; if you provide us with additional information such as your phone number and your country information, we will also collect such information and use it to serve the request. Wherever we collect your personal data on basis of your consent, you may revoke your consent at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. VI. Buy Now Feature Salutation, First name, Last name, Company, Country, Address, ZIP code, City, Phone, E-Mail Address, payment method (PayPal, Credit Card, Invoice, Debit Card) and Payment Token: We will process your first name, last name, address, Zip code, city, phone, email address and your chosen payment method if you purchase TeamViewer product from our website. If you provide us with additional information such as a salutation, company, and country information, we will also process this information. The Payment Token will be provided by the Payment Service Provider as a record of the transaction. Required fields necessary to conclude the transaction are specially marked; any additional information is voluntary and based on your consent. Wherever we collect your personal data on basis of your consent, you may revoke your consent at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. VII. Download through Apple App Store: If you click on the “Download on the App Store”-button to download TeamViewer, you are being forwarded to the Apple App Store, a service provided by Apple Inc., 1 Infinite Loop, Cupertino, California, USA, 95014. This means that Apple Inc. receives your personal data as stated under C. I. along with personal data relevant for any purchase, if applicable, and is controller of this data in accordance with Art. 4 par. 7 GDPR. VIII. Download through Google Play: If you click on the “Get It On Google Play”-button to download TeamViewer to your Android phone, you are being forwarded to Google Play, a service provided by Google, Inc., Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. This means that Google, Inc. receives your personal data as stated under C. I. along with personal data relevant for any purchase, if applicable, and is controller of this data in accordance with Art. 4 par. 7 GDPR. IX. Download through Microsoft: If you click on the “Get it from Microsoft”-button to download TeamViewer, you are being forwarded to the Microsoft App Store, a service provided by Microsoft Ireland Operations Limited (“Microsoft”), The Atrium Building Block B, Carmanhall Road, Sandyford Business Estate, Dublin 18. This means that Microsoft receives your personal data as stated under C. I. along with personal data relevant for any purchase, if applicable, and is controller of this data in accordance with Art. 4 par. 7 GDPR. X. Download through Blackberry: If you click on the “Get it at BlackBerry World”-button to download TeamViewer, you are being forwarded to the BlackBerry Webstore, a service provided by BlackBerry (“BlackBerry”) 2200 University Avenue East, Waterloo, Ontario, Canada, N2K 0A7 This means that BlackBerry receives your personal data as stated under C. I. along with personal data relevant for any purchase, if applicable, and is controller of this data in accordance with Art. 4 par. 7 GDPR. XI. Newsletter Subscription Email-address: If you sign up for our newsletter, TeamViewer will collect your email address by obtaining your consent. Please note that TeamViewer uses the so-called double opt-in method by which you receive a confirmation email after you provided us with your email address to subscribe to our newsletter. If you do not confirm your email address within 24 hours, TeamViewer will delete your newsletter request. You may revoke your consent for the processing of your email address for newsletter receipt at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. XII. Community Your personal data as outlined under C. I. If you click on the community link, you will be forwarded to the TeamViewer community website. If you want to join TeamViewer’s community, you have to sign in and/or sign up with your TeamViewer credentials, such as your email address, your name, and a password. TeamViewer’s community website is powered by Lithium Technology, LLC (“Lithium”), which targets user data as well as content data so that TeamViewer receives information about most interesting topics chosen by website users. This means that your personal data as outlined under C. I. will also be processed by Lithium. For further information on Lithium’s data processing, please refer to their privacy policy under https://www.lithium.com/privacy. You may comment publicly on different subjects concerning TeamViewer’s activities and products in TeamViewer’s community. Your comment will be published in the relevant topic section by showing your user name. We recommend to use an assumed name instead of your real name. Please note that your comments are publicly accessible and will appear in search engines; therefore, please check prior to posting if your comment contains personal data. Name/assumed name, email-address, IP address: If you post a comment in TeamViewer’s community, we will store your name/user name (depending on your choice), email-address, and IP address. XIII. Blog E-Mail Address: TeamViewer will process your email address if you subscribe to our blog. Name, Email-Address and Website: If you want to post a comment in our blog, TeamViewer will process your name and email address; if you provide us with a website, we will also process this information. You may comment publicly on different subjects concerning TeamViewer’s activities and products in TeamViewer’s Blog. Your comment will be published in the relevant topic section by showing your user name. We recommend to use an assumed name instead of your real name. Please note that your comments are publicly accessible and will appear in search engines; therefore, please check prior to posting if your comment contains personal data. XIV. Servicecamp Feature Name, email-address: If you want to use ServiceCamp, you will have to create an account. TeamViewer will collect your name and email-address. XV. TeamViewer Customer Council: If you participate in the TeamViewer Customer Council, we will collect your name, email address and user experience in a survey. D. Purpose and Legal Basis for Processing To the extent TeamViewer is required to process any of your personal data in order to comply with a legal obligation we are processing your personal data on basis of Art. 6 par. 1 c) General Data Protection Regulation (“GDPR”). I. Website use: We want to ensure that when you visit any part of TeamViewer’s website your journey will be user-friendly, particularly that you do not encounter technical problems and malfunctions. In order to manage our relationship with you or your business we collect the following data to serve our business purposes such as to understand the performance of our websites that hold TeamViewer product, business or support information; to communicate with you about our products and services; to develop and manage our brands, products and services; to serve our business improvement needs; to develop and carry out marketing activities. Legal basis for processing personal data outlined under C. 1. is a user agreement concerning the use of our website, i.e. Art. 6 para. 1 lit. b) GDPR. II. Contact our Sales Team: If you place an inquiry with us by using the contact form, TeamViewer needs to process your personal data in order to answer your request. Legal basis for processing your personal data is a service agreement, i.e. Art. 6 para 1 lit. b) GDPR. In case you submit additional data based on your consent, the legal basis for processing is Art. 6 para. 1 lit. a) GDPR. III. Submit a Ticket: If you submit a ticket that concerns one of our products, we will process your personal data to answer your inquiry. We use this feature to fulfil our business purpose of authentication of our product users and provide service resolution for our customers. Legal basis for such processing is a service agreement and our contractual obligation to perform on our contract to provide you with our goods and services, i.e. Art. 6 para. 1 lit. b) GDPR. IV. Feedback feature: If you place an inquiry with us by using the in product support feature or through our website, TeamViewer needs to process your personal data in order to answer your request and to provide the requested support. Information collected in this way serves several business purposes including but not limited to to test new products; to manage how we work with other companies that provide services to us and our customers; to develop new ways to meet our customer needs and to grow our business. Legal basis for processing your personal data is a service agreement concerning the requested support and/or performance of the already existing agreement with you, i.e. Art. 6 para. 1 lit. b) GDPR. In case you submit additional data based on your consent, the legal basis for processing is Art. 6 para. 1 lit. a) GDPR. V. Quote request: If you request a quote for our product, TeamViewer needs your personal data in order for us to process your request. Information collected in this way helps us to develop products and services, and to convey what we charge for them; to seek your consent when we need it to contact you; and to be efficient about how we fulfil our legal and contractual duties. Legal basis for processing your personal data is your request prior to entering into a contract, i.e. Art. 6 para. 1 lit. b) GDPR. VI. Buy now feature: If you purchase our product by said means, TeamViewer needs your personal data for the performance of a contract. This information is required for our business to serve the purpose of to receive and manage customer payments; and to collect and recover money that is owed to us. Legal basis is therefore Art. 6 para. 1 lit. b) GDPR. VII. Apple App Store: In order for TeamViewer to offer TeamViewer for Mac, we embedded a hyperlink to Apple Inc.’s App Store to which you are being forwarded. Legal Basis to forward you to the App Store is our legitimate interest to provide a wide range of product compatibility according to Art. 6 para. 1 lit. f) GDPR. VIII. Google Play: In order for TeamViewer to offer TeamViewer for Android products, we embedded a hyperlink to Google Inc.’s Play Store to which you are being forwarded. Legal Basis to forward you to Google Play is our legitimate interest to provide a wide range of product compatibility according to Art. 6 para. 1 lit. f) GDPR. IX. Microsoft App Store: In order for TeamViewer to offer TeamViewer for Microsoft products, we embedded a hyperlink to Microsoft’s App Store to which you are being forwarded. Legal Basis to forward you to Microsoft is our legitimate interest to provide a wide range of product compatibility according to Art. 6 para. 1 lit. f) GDPR. X. BlackBerry: In order for TeamViewer to offer TeamViewer for BlackBerry products, we embedded a hyperlink to BlackBerry’s World to which you are being forwarded. Legal Basis to forward you to BlackBerry’s World is our legitimate interest to provide a wide range of product compatibility according to Art. 6 para. 1 lit. f) GDPR. XI. Newsletter Subscription: If you sign up for our newsletter, TeamViewer needs your personal data in order to send you the newsletter. Newsletter help us to serve our business purposes such as to manage our relationship with you or your business; and to develop and carry out marketing activities. Legal basis for providing you with the newsletter is your consent in accordance with Art. 6 para. 1 lit. a) GDPR, which you may revoke at any time with effect for the future. XII. Community: TeamViewer’s community helps us to satisfy our business purpose to assist product users with an open platform where issues, experiences and improvements can be shared and resolved. If you post a comment in our community, TeamViewer commissioned Lithium to process your personal data, so we understand what topics are most relevant to our users and for us to design our website user friendly and interesting. TeamViewer also processes your personal data so that we are able to raise a defence in the event that a third party complains about your community comment’s content. In such case, TeamViewer needs to be able to contact you. Legal basis for such processing is a user agreement concerning the use of our community and our legitimate interest of legal defense, i.e. Art. 6 para. 1 lit. b) in connection with Art. 6 para. 1 lit. f) GDPR. XIII. Blog: TeamViewer’s Blog helps us to satisfy our business purpose to assist product users with an open platform where issues, experiences and improvements can be shared and resolved. TeamViewer also processes your personal data so that we are able to raise a defense in the event that a third party complains about your Blog comment’s content. In such case, TeamViewer needs to be able to contact you. Legal basis for such processing is a user agreement concerning the use of our Blog and our legitimate interest of legal defense, i.e. Art. 6 para. 1 lit. b) in connection with Art. 6 para. 1 lit. f) GDPR. XIV. ServiceCamp feature: If you create an account in order to use ServiceCamp, TeamViewer needs your personal data to provide you with the service and for performance of the user contract, i.e. Art. 6 para. 1 lit. b) GDPR. XV. TeamViewer Customer Council: If you participate in the TeamViewer Customer Council as TeamViewer’s product user group, we will process your personal data for carrying out surveys to share user experience and knowledge. Legal basis is your consent, i.e. Art. 6 para. 1 lit a) GDPR. E. Recipients TeamViewer has strong technical and organizational security measures to protect personal data against unauthorized disclosure and to ensure that only relevant individuals, which act within their job description and have a need to know interest in accessing personal data, will have access to your personal data. TeamViewer may transfer your personal data to third parties if we offer participation in campaigns, contests, reservations, or contract agreements in conjunction with a third party. In this case, you will be specifically informed about the transmission to the third parties before your data is forwarded. We will not share your personal data with local authorities or courts except where we are required to do so by applicable law, a court order or a legally binding injunction. TeamViewer employees, who administer, maintain and further develop TeamViewer’s product and services will receive access to your personal data. If you use our product, contact us through the contact feature, support and feedback features, if you request a quote, and/ or if you subscribe to our newsletter, TeamViewer employees that are responsible for the respective service will receive access to your personal data. If you post a comment in TeamViewer’s community or Blog, your comment content and name/user name will be publicly available and may appear in search engines. Aside from TeamViewer employees, employees of Lithium may receive access to your personal data as described under C. I. if comment in TeamViewer’s community. If you purchase a TeamViewer product through our Buy Now feature, TeamViewer employees are concerned with processing such transactions will receive access to your data. Please note that TeamViewer uses SSL technology encryption for payments to prevent unauthorized third party access to your financial data. If you download TeamViewer through the Apple App Store, employees of Apple Inc. receive access to your personal data as described under C. VII.. Similarly, if you download TeamViewer through Google Play, employees of Google Inc. receive access to your personal data as described under C. VIII.. If you download TeamViewer through Microsoft, employees of Microsoft Inc. receive access to your personal data as described under C. IX.. If you download TeamViewer through BlackBerry, employees of BlackBerry receive access to your personal data as described under C. X.. In addition to services described under G., H., I., and J., TeamViewer uses external third party service provider for maintenance and hosting of its IT-systems. TeamViewer has chosen such external third party service providers carefully. Furthermore, employees of such third party service provider will receive access to your personal data only within the scope of their job description, and are bound by TeamViewers directives concerning data processing. Furthermore, Google employees as well as employees of social plugins and integrated services, as described below, may receive access to your personal data. Please note that such data processing done by Google, social plugin providers, and integrated service providers is beyond TeamViewers control. Except as mentioned under G., H., I., and J., concerning data transfers to the USA and for group internal IT services provided from outside the EU, including Australia, US and Armenia, TeamViewer will not transfer your personal data outside the EU and/or EEA. TeamViewer will transfer your personal data only when required to so by law or orders from the relevant authority. Where TeamViewer transfers your personal data out of the EU or the EEA to countries that do not have an adequate level of data protection recognized by the EU, we will apply safeguards to adequately protect your personal data. Please refer to https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32010D0087&from=EN to obtain a copy of the Standard Contractual Clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC, or to https://www.privacyshield.gov/EU-US-Framework to obtain a copy of the EU-U.S. Privacy Shield Framework. F. Retention Periods for Personal Data Your personal data will be deleted once you revoked consent, or the purpose for processing has ceased to exist. In some cases, TeamViewer is legally obligated to retain data for a certain period. Once this period has lapsed, TeamViewer will delete the data in accordance with data protection obligations. I. Cookies: Please click here https://www.teamviewer.com/en/privacy-policy/?policy=cookies to access our Cookies Policy for further information. II. Contact information: TeamViewer is legally obligated to retain support feature requests from customers concerning product support inquiries in accordance with § 257 HGB and § 147 AO for a minimum of six and a maximum period of 10 years. With regard to personal data provided through contact requests, TeamViewer will retain such request for three months following closure of the request and delete such data thereafter. III. Submit a Ticket: Personal data provided in connection with a ticket submitted will be retained for as long as the ticket is open. Once your inquiry has been answered, TeamViewer will retain such data for a three (3) month period. IV. Feedback feature: Personal data provided in connection with feedback features are retained for three months following submission of feedback; TeamViewer will delete such data thereafter. V. Quote request: Personal data provided in connection with quote requests is retained by TeamViewer for three months following the period of quote validity, provided no ensuing contract was concluded. Provided the quote request lead to conclusion of a contract, please refer to F. II. for information on retention periods. VI. Buy Now Feature: Personal data provided in connection with a product purchase, i.e. address- and payment information as well as the order date, is retained by TeamViewer for a minimum period of six years in accordance with § 257 HGB, and a maximum period of 10 years in accordance with § 147 AO. VII. Apple App Store: Personal data processed in connection with a download as described under C. VII. will be retained by Apple Inc. Please refer to https://www.apple.com/legal/privacy/en-ww/ for further information. VIII. Google Play: Personal data processed in connection with a download as described under C. VIII. will be retained by Google Inc. Please refer to https://policies.google.com/privacy?hl=en-US&gl=de for further information. IX. Microsoft: Personal data processed in connection with a download as described under C. IX. will be retained by Microsoft. Please refer to https://privacy.microsoft.com/en-us/privacystatement for further information. X. BlackBerry: Personal data processed in connection with a download as described under C. X. will be retained by BlackBerry. Please refer to https://de.blackberry.com/legal/privacy-policy for further information. XI. Newsletter: Personal data provided in connection with a subscription to our newsletter will be retained for as long as the subscription is valid. Upon revocation of your consent, your personal data will be deleted entirely. XII. Community: Personal data provided in connection with your community posts are retained for as long as you as you are a community member up until you deregister. XIII. Blog: Personal data provided in connection with your Blog subscription will be retained until you deregister. XIV. ServiceCamp features: Personal data provided in connection with ServiceCamp features are retained for as long as a user agreement is in place. Once you unsubscribe from ServiceCamp, TeamViewer will retain your personal data for three (3) months, and thereafter delete it. XV. TeamViewer Customer Council: Personal data provided during your participation in the Customer Council will be collected through surveys, stored in spread sheets and will deleted after three months. G. Web Analytics I. Google Analytics TeamViewer uses Google Analytics, a web analytics service provided by Google Ireland Ltd. (“Google“), with its business address at Gordon House, Barrow Street, Dublin 4, Ireland. Google Analytics uses “Cookies”, i.e. text files that are stored on your computer and enable analysis of your website use. TeamViewer uses Google Analytics with the extension “_anonymizeIp()”. Thereby, IP addresses are processed in a shortened form and no direct reference to individuals is possible. TeamViewer uses Google Analytics to analyze and improve its website. TeamViewer receives statistics which help us to make our online presence more interesting for you. Legal basis to use Google Analytics is Art. 6 para. 1 lit. f) GDPR. The information generated by cookies about your use of this website is usually transmitted to and stored on a Google server in the USA. If you enable IP anonymization on this website, your IP address from Google will be shortened within Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional circumstances will the full IP address be transmitted to a Google server in the USA and shortened there. Google has subjected itself to the EU-US Privacy Shield for any such exceptional cases in which your personal data will be transmitted to the USA; further information are available under www.privacy-shield.gov/EU-US-Framework. Google will on behalf of TeamViewer use this information to evaluate your use of the website, compile reports on website activity, and provide other services regarding website and internet use to TeamViewer. In addition, TeamViewer’s website uses Google Analytics for cross-device analysis of user streams, which are enabled through User-IDs. If you have a customer account, you may disable such cross-device analysis by https://support.google.com/analytics/answer/2790010. The IP address transmitted by your browser as part of the Google Analytics will apparently not be merged with other data from Google. As further explained in our Cookies Policy https://www.teamviewer.com/en/privacy-policy/?policy=cookies, you may block cookies from being stored on your device by adjusting the settings in your browser software; however, in such case, you may not be able to use all of the features and functionalities of our website. You can also block the collection of the data generated by the cookie and the data related to your use of the website (incl. your IP address) as well as the processing of this data by Google, by downloading and installing a browser plugin available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de. Please visit the following homepage for an overview on data protection: https://support.google.com/analytics/answer/6004245?hl=en, as well as the privacy policy: https://policies.google.com/privacy?hl=en. II. Hotjar TeamViewer uses Hotjar heatmaps, recordings, funnels, forms and polls, services provided by Hotjar Ltd. St. Julian’s Business Center, Elia Zammit Street, St. Julians 1000, Malta. Hotjar is an all-in-one Analysis and Feedback tool that reveals the online behaviours and feedback of a website’s visitors. By combing both tools, Hotjar provides a big picture of how to improve website experience and performance. The analysis tools allow TeamViewer to measure and observe user behaviours (what users do) while the Feedback tool allows TeamViewer to obtain feedback. Hotjar is built on anonymous insights and not on personal data. Site visitors are assigned a unique user identifier, so that Hotjar can keep track of returning visitors without relying on any personal information. When collecting data with Recordings, Hotjar also has automated suppression features in place and data is suppressed client-side, in the visitor’s browser, meaning personally identifiable information never reaches Hotjar servers keeping sessions private. Data collected using Hotjar is stored in Ireland, using Amazon Web Services infrastructure. Data retention times is no longer than 365 days. III. Google Tag Manager Additionally, TeamViewer uses Google Tag Manager, tracking and conversion tool provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA IV. Google BiqQuery Provides a system for analysis of data sets generated by Google analytics. V. Google Display Feature Our website uses third party cookies from Google Analytics for Display Advertisers, including the following features. No personal data is processed within those services: Remarketing with Google Analytics The integrations between both our web analytics and paid advertising platforms together to give us additional insight. This allows us to tailor our advertising to ensure the right types and offers are shown to you while you are using the internet outside our website. Google Display Network Impression Reporting Which gives us additional insight into who has viewed our paid digital advertising on other websites. This will help us optimize and tailor our advertising. Google Analytics Demographics and Interest Reporting Which gives us insight into behaviour information relating to visitor age, gender and interests on an anonymous and aggregate level. This will help us to understand browsing behaviour to give you a better experience whilst visiting our sites. VI. reCAPTCHA TeamViewer uses reCAPTCHA to protects our website from spam and abuse. reCAPTCHA is a service provided by Google that uses an advanced risk analysis engine and adaptive CAPTCHAs to keep automated software from engaging in abusive activities on our site. It does this while letting valid users pass through with ease. reCAPTCHA allows TeamViewer to verify if an interaction is legitimate without any user interaction. It is a purely JavaScript API returns a score giving the us the ability to take action in the context of our site: for instance requiring additional factors of authentication, sending a post to moderation, or throttling bots that may be scraping content. reCAPTCHA handles no personal information. Please visit the following page for an overview of reCAPTCHA https://developers.google.com/recaptcha/ VII. Google Optimize Google Optimize analyzes the use of different variations of our website and helps us to improve the usability according to the behavior of our users on the website. No personal data is processed. H. Remarketing Applications I. Google AdWords Conversion TeamViewer’s website uses Google AdWords, in order to generate attention for our services by using advertisement on third party websites. Based on data generated by such advertisement campaigns, we are able to determine the success rate of our advisement campaigns. Thereby, TeamViewer tries to provide you with advertisement that is of interest to you, to make its website more interesting, and calculates advertising expenses fairly. Legal basis for such processing of personal data is Art. 6 para. 1 lit. f) GDPR. Such means of advertisement are delivered by Google through a so-called Ad Server. Along with this, TeamViewer uses Ad Server Cookies, which scale certain parameters, such as display of ads or clicks by users. Provided you clicked on an ad delivered by Google and which redirected you to our website, a cookie is stored on your computer by Google AdWords. These cookies usually expire within 30 days and are not supposed to be used to personally identify a user. In addition to these cookies, analytic values like unique cookie ID, quantity of Ad impressions per storing, last impression and opt-out information (markings that the user does not want to be addressed any further) are usually stored. These cookies enable Google to recognize your internet browser. If you visit certain pages on our website and provided the cookie stored on your computer has not yet expired, TeamViewer and Google are able to recognize that you clicked on an ad and were redirected to the TeamViewer website. Every Google AdWords customer gets a different cookie. Therefore, cookies cannot be tracked across sites by AdWords customers. TeamViewer does not process personal data by and through the aforementioned advertisement campaigns. TeamViewer merely receives statistical evaluations from Google. By and through these statistical evaluations, we can plainly see which advertisement campaign was particularly effective. Any additional data generated by use of the advertisement is not forwarded to TeamViewer; particularly, we cannot identify users through this information. Through the marketing tool, your browser automatically connects to Google’s server. Google has subjected itself to the EU-US Privacy Shield, further information can be obtained under www. www.privacyshield.gov/EU-US-Framework. Please note, that scope and further use of the data processed by Google are beyond TeamViewer’s control. We thus inform you based on our own knowledge: By integrating AdWorks, Google receives information that you visited a particular TeamViewer website or part thereof, and/or that you clicked on one of our advertisements. If you are registered with one of Google’s services, Google is able to match your visit to your Google account. Google may receive your IP address and/or may store it even if you are not registered with one of Google’s services and/or if you have not been logged in. You may avoid tracking in various ways: a) Through a setting of your browser software, particularly, by suppressing third party cookie installation that will prevent that you receive third party ads; b) Through deactivating AdWorks Cookies, by setting your browser so that cookies from www.googleadservices.com are being blocked; this can be done under https://adssettings.google.com/anonymous, however, such settings are deleted if you delete cookies; c) Through permanently deactivating cookies in your Firefox, Internet Explorer or Google Chrome under https://support.google.com/ads/answer/7395996. Please note that if you deactivate these cookies, you may not be able to use all functionalities of our website. Further information on Google’s data privacy can be found under www.google.com/intl/de/policies/privacy. Alternatively, you can disable the use of cookies for interest-based advertising via the advertising network initiative, by following the instructions at http://optout.networkadvertising.org/?c=1#!/. II. Google Remarketing TeamViewer uses Google Remarketing in addition to AdWords. This is an application that allows us to address you again. After visiting our website and while you are surfing the internet, our advertisement can be displayed to you by and through this application. This is enabled by cookies stored in your browser which track and analyse user behavior on different websites for Google. Google can track your previous visit to our website. According to its own statement, Google does not combine data gathered through remarketing with any personal data Google may have stored about you. Furthermore, pseudonymization is being used as part of remarketing. If you do not want to use the remarketing feature from Google, you can disable it by changing the appropriate settings at https://adssettings.google.com/anonymous. III. A/B-Testing TeamViewer additionally uses A/B-testing provided by Optimizely GmbH Christophstraße 15-17 50670 Köln. A/B testing offers analysis of user behavior by showing slightly varied website contents to different user groups, depending on profile matching. Thereby, TeamViewer analysis its online services, improves its web offerings, and can create an interesting user journey. In order for TeamViewer to create such analysis, we use cookies, which are being placed on your computer. Please note that your IP address will be shortened before reports are being created and TeamViewer does not match other information we may receive about you to this abbreviated IP address. You can opt to delete such cookies or even prevent them from being stored on your computer. However, if you choose to either delete such cookies or prevent their installation, please note that you may not be able to use all of our website functionalities. Legal basis for such processing is Art. 6 par. 1 lit. f) GDPR. I. Social Media Plugins Currently, we use social media plugins (“plugins”) from Facebook, Google+, LinkedIn and Twitter (“plugin provider”) TeamViewer uses Facebook plugins on our website which are provided by Facebook Inc. Facebook’s plugins are identifiable by the Facebook logo and/or the “thumbs up” – symbol. TeamViewer also uses the “+1” button from Google Plus on our website, which is operated by Google Inc.; the plugin is identifiable by the “+1” symbol on a white and colored background. Furthermore, TeamViewer uses the ”in” button from LinkedIn, which can be identified by a blue button. Additionally, TeamViewer uses the short messaging service Twitter Inc, which can be identified by a button that contains a bird. By using plugins, TeamViewer provides an opportunity to interact with social media and other social media users on its website. Plugins are provided to increase TeamViewer’s internet presence and make it more interesting to you. Legal basis for use of the plugins is Art. 6 para. 1 lit. f) GDPR. Every time you visit our website and any part thereof that contains a plugin, the plugin causes your browser to directly connect with the plugin provider’s server. With regard to Facebook and its own statement, IP addresses collected within Germany are apparently anonymized right after collection. By activating the plugin, your personal data as described under C. is transmitted to and stored by the plugin provider, likely on a server in the USA. As personal data is collected by and through cookies, we recommend that you delete all cookies through security settings of your browser. Please note that data collection and processing are beyond TeamViewers control and we have neither been informed of the entire scope of data collection, purpose of the processing, nor any data retention periods. We have also not been informed if and when data is being deleted. With regard to Google and according to its own statement, Google stores your browsing history when you activate a “+1” button for a period of up to two weeks for system maintenance and troubleshooting purposes. Plugin provider store data collected about you as user profiles and use such data for advertisement purposes, market research and/or need based design of their websites. Evaluation of such data (even of users not logged in) is particularly used for need-based advertisements and to notify other users of the same social network of your activities on our website. You have a right of objection concerning such user profiling, however, you have to address such objection to the respective plugin provider. In order to properly address your demand, we provide you with the relevant addresses: Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA;https://www.facebook.com/policy.php; Additional information on data collection: https://www.facebook.com/help/186325668085084, for further information on Facebook’s privacy refer to: http://www.facebook.com/about/privacy/your-info-on-other applications as well as http://www.facebook.com/about/privacy/your-infoeveryoneinfo. Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; for further information on Google’ privacy refer to: https://policies.google.com/technologies/partner-sites. LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; for further information on LinkedIn’s privacy refer to: https://www.linkedin.com/legal/privacy-policy?trk=uno-reg-guest-home-privacy-policy . Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; for further information on Twitter’s privacy refer to: https://twitter.com/en/privacy. Your data is being transmitted to the plugin provider, regardless if you maintain a profile with the plugin provider and/or if you are currently logged in. If you are currently logged into your social media profile, data collected on your visit of our website is directly matched to your social media profile. If you activate the plugin, e.g. by liking or retweeting our website, such information is stored in your social media profile and will be publicly shared with your contacts. We recommend that you log off your social media profile every time you are done using it, particularly, before you activate any plug in buttons so that you can avoid a matching of data with your social media profile. For Facebook, you may also use a browser add-on called “Facebook Blocker” which is available at the following link http://webgraph.com/resources/facebookblocker/ and which may prevent data collection and disclosure of your data in the future. J. Integrated Third Party Service Tools I. YouTube Videos TeamViewer may integrate videos in our website, which are stored on https://www.youtube.com/. These videos can be played on our website. When you visit the TeamViewer website, YouTube receives information on what particular website you visit. Your personal data as described under C. is transmitted to YouTube. Such transmission takes place, regardless if you are logged into your YouTube account, or if you do not maintain such account. If you are logged into your YouTube account, your personal data will be matched with your YouTube profile. If you do not wish that your personal data is being matched with your profile, you should log out of your YouTube account prior to activating a YouTube video. Legal basis for integration of YouTube Videos into our TeamViewer website is Art. 6 para. 1 lit. f) GDPR. TeamViewer uses YouTube videos to make our website more interesting to you and to integrate a service with which users may receive useful information about our services. YouTube stores your data as a user profile and uses your personal data for advertisement, market research and/or need-based design of its website. Evaluation of such personal data is done, even of user who were not logged into YouTube, for need-based advertisement and to inform other YouTube users of your activities on our website. Please note, that it is beyond TeamViewers control how long and in what way YouTube will retain your data. For further information concerning purpose and scope of data collection and processing, please visit https://policies.google.com/privacy?hl=en. You have a right to object to such processing of your personal data, however, you will have to address such right to YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. K. Statutory/contractual requirement You may choose not to provide your personal data or provide incomplete personal data. However, you should be aware that you may not be able to use all of the functionalities of our website; where we ask for consent and you choose not to provide it, we may not be able to provide you with the information or service requested. L. Automatic Decision-making and Profiling TeamViewer does not use your personal data for automatic decision-making. As described under G., H., I. and K., TeamViewer uses your personal data for profiling, unless you changed your browser settings to prevent cookie placements. Evaluation of your personal data by Google Analytics is done after your IP address has been abbreviated so that you can no longer be identified. M. Your Rights You may contact us either in writing or by email at datarequest@teamviewer.com in order to exercise the following rights to the extent your entitled to so under applicable law: You may access your personal data to check and review such data; You may request a copy of your personal data; You may demand that we supplement, correct or delete your personal data; or cease or restrict the collection, processing, use or disclosure of your personal data; the right of rectification also comprises the right to have incomplete personal data completed, including by means of providing a supplementary statement; You may object to the processing of your personal data; You may request to receive your personal data in a structured, commonly used and machine-readable format and – subject to your acquisition of the respective copyrights or other required rights – have it transmitted to another controller, provided that the processing is based on your respective consent or to execute a contractual relationship or a relationship prior to entering into a contract with you. You have the right to lodge a complaint with a supervisory authority in relation to the processing of your personal data. Should you have any questions, please contact privacy@teamviewer.com. This Policy contains links to sites and information that is not under TeamViewer direct control. These links are therefore subject to change and TeamViewer will review and update this Policy periodically to reflect such changes. TeamViewer Cookie Policy TeamViewer Cookie Policy I. Introduction TeamViewer strives to be clear and transparent about any data (anonymous or otherwise) that we collect about you online. As described in Section C. I. of our Privacy Policy, we use cookies to ensure the best possible user experience of our website. In this policy we elaborate how we use cookies, their business purpose and how this allows us to improve our service. It also tells you how you can manage the cookies that are stored on your device. When you visit our websites (through any device), you agree the application of this Cookies Policy in addition to any other terms and conditions which may apply. TeamViewer reserves the right to make any changes to this Cookie Policy. Any such changes shall be updated here or in our Privacy Policy and we will inform you through our cookie banner. We assume that you agree to any such changes by your continued use of our websites. II. What are cookies? Cookies are small files containing information related to your internet settings, which are downloaded by your browser to the device you use when you visit our website. Cookies are then sent back to the originating website (first-party cookies) on each subsequent visit, or to another website that recognizes that cookie (third-party cookies). Cookies perform a variety of useful jobs, such as remembering your preferences, adapting the content that you see and improving your online experience. III. When does TeamViewer place cookies? TeamViewer uses cookies on our website (such as teamviewer.com, Blizz.com, ITbrain.com, and TeamViewerIOT.com) and mobile applications. Any browser visiting these website will receive cookies from us. IV. What types of cookies are being used? TeamViewer uses both first party and third-party cookies, for example necessary as well as performance and marketing cookies. First party cookies are those set by TeamViewer. All other cookies are third party cookies, from companies such as Google Analytics, Hotjar, Facebook, Hubspot, Pubmatic, Baidu, Optimizely, LinkedIn, Ad Roll etc . In some cases, the information derived from these cookies may allow us to associate information with an identifiable individual. Further information on different cookie types is provided below. Please refer to the full list of cookies that TeamViewer uses for more information in Annex 1.: Session Cookies Session cookies last only for the duration of your visit of our website and are deleted when you close your browser. These help us to identify that a user of a particular device is navigating from page to page, supporting website security or basic functionality. Many of the cookies we use are session cookies. For example, they help us to identify the average time you spend on our website. CMDD – This cookie would identify the user for our programmatic ads - CasaleMedia is an ad exchange network. Persistent cookies Persistent cookies continue to exist even after you have closed your browser, and allow a website to remember your actions and preferences, particularly remember you as an existing user. Sometimes persistent cookies are used by websites to provide targeted advertising based upon the browsing history of the device. TeamViewer uses persistent cookies in a few ways, for example, _ga- Google Analytics cookie registers a unique ID used to distinguish users. Both session as well as persistent cookies can serve different purposes and may be placed either by TeamViewer or by a third party: Strictly necessary cookies These cookies are essential in order to enable us to provide you with certain features. Without these cookies, services you have asked for such as a registered visitor cookie (unique identifier provided to each registered user to recognize them throughout the visit and when they return) and webshop related services, cannot be provided. These cookies are not implemented to gather information about you for the purposes of marketing. Please refer to the full list of cookies that TeamViewer uses for more information in Annex 1. Performance cookies These cookies are used to collect information about the performance of our website and your visit and use of our website. For example, the number of visitors that used our website and the pages that are popular among users. These cookies do not collect information that identifies a visitor although they may collect the IP address of the device used to access the site. Such information is collect anonymously and is solely used for the purpose of improving our website and the user experience. By using our websites, you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings. Functionality cookies These cookies allow TeamViewer’s website to remember your preferences, such as your username, language settings, and/or the region you are in. The information these cookies collect is anonymized (i.e. it does not contain your name, address etc.) and they do not track your browsing activity across other websites. By using our websites, you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings. Marketing cookies These cookies collect several pieces of information about your browsing habits. They are usually placed by advertising networks. They remember that you have visited a website and this information is shared with other organizations such as media publishers. These organizations do this in order to provide you with targeted adverts more relevant to you and your interests. This type of advertising is called online behavioral advertising and place an icon in the top right-hand corner of an advert. This icon when clicked, will take you through to the website Your Online Choices where there is more help and guidance for you to Opt-out of this type of advertising. By using our websites, you agree that we can place these types of cookies on your device. Unclassified cookies These are cookies that we are in the process of classifying, together with the providers of individual cookies. V. Tracking in our emails Just like the cookies we use on our websites, TeamViewer uses cookies and similar technologies, such as beacons, pixels, and tags, in some emails. This is for example the case when you receive an email from us: TeamViewer will know whether you open, read, or delete the message. If you click on a link provided to you in a marketing email, TeamViewer will use a cookie to receive information on what pages you visit, what content you download, and whether you are a signed into one of our products. Web beacons for example, which are small invisible images placed in emails, will tell us if you’ve opened the email and read it, which email software and web browser you use, which device you use and your IP address. We also use web beacons to help us display emails in the best format for your device. Sometimes TeamViewer may use advance technologies like Link tracking. These functions based on the number of hyperlinks, each of which has a unique tag. When you click on one of these links the mailing company logs the click so that we can understand who has clicked through from an email to our website. We use this information to tailor future messages to you. What to do when you do not want to accept cookies or want them removed? If you wish to restrict or block the cookies which are set by any website - including those from TeamViewer or its affiliate websites, you should do this through the web browser settings for each web browser you use, on each device you use to access the Internet. Here some information browser manufacturers provide to help manage your cookies. Please see below for more information: https://support.google.com/chrome/answer/95647?hl=en (link for Google Chrome) https://support.microsoft.com/en-us/help/260971/description-of-cookies (internet explorer) https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer (mozilla firefox) https://support.apple.com/kb/PH5042?locale=en_US (safari for mac) https://support.apple.com/en-us/HT201265 (safari mobile) https://support.google.com/nexus/answer/54068?visit_id=0-636620904019897372-3345341377&hl=en&rd=1 (android) https://www.opera.com/help (opera) https://www.opera.com/help/mobile/android#privacy (opera mobile) Please be aware that some of our services, for example, the online web shop portal will not function if your web browser does not accept cookies. You may wish to visit www.allaboutcookies.org and/or http://www.youronlinechoices.eu/ which contains comprehensive information on how to choose and accept cookies on a wider variety of browsers. If you wish not to accept cookies from TeamViewer emails, just close the email before downloading any images or clicking on any links. You can also set your browser to restrict or reject cookies. These settings will apply to all cookies on websites and emails. In some instances, depending on your email or browser settings, cookies in an email may be automatically accepted (for example, when you've added an email address to your address book or safe senders list). Please check your email browser or device instructions for more information on this. How to control and delete cookies If you want to restrict or block the cookies we set, you can do this through your browser settings. The ‘help’ function within your browser should tell you how. Alternatively, you could visit www.aboutcookies.org, which contains comprehensive information on cookies on a wide variety of browsers. You’ll also find details on how to delete cookies from your computer. To learn about controlling cookies on the browser of your mobile device please refer to your handset manual. Supplementary information We may embed external content from third party websites (e.g. Facebook, YouTube) within our website periodically. In addition to this, we sometimes partner with third parties who provide services for us which you can navigate to from our website. These third parties may use cookies, you can find out about their approach to cookies on their websites. Team Viewer End User License Agreement Section 1 General provisions 1. General content of the contract 1.1. Parties and subject matter. The provisions of this End User License Agreement (EULA) shall govern the relationship between TeamViewer GmbH, Jahnstr. 30, 73037 Goeppingen, Germany (“TeamViewer”) and its customers (“Customer”) with respect to the licensing by TeamViewer of certain of its software and the provision by TeamViewer of certain services. Accordingly, subject to the terms and conditions of this EULA, TeamViewer may provide Customer with (i) certain software that enables the remote maintenance of computers and the performance of online meetings including diverse features. The Software is installed on computers of the Customer as well as Software that may be accessed and used via browser and apps for mobile terminals (e.g. iOS, Android) (collectively “Software”), (ii) servers for the establishment of encrypted connections (handshake) and for the forwarding of data packets (routing) in connection with the use of the Software (“Server Services”) and (iii) related support services (“Support Services”). The Server Services and the Support Services are collectively referred to herein as “Services”. 1.2. Regulation sections. Sec. 1 of this EULA contains the general provisions, sec. 2 shall apply to any temporary (i.e. subscription based) term licenses to use Software while sec. 3 shall apply to any perpetual Software licenses. 1.3. Formation and content of the contract. A paid contract pursuant to this EULA shall be formed, if (i) the Customer consummates the web-based order process on the TeamViewer website (www.teamviewer.com) and, at the end, clicks on the “Purchase” / “Order” / “Subscribe” or similarly named button, or if (ii) the Customer and TeamViewer sign a written order form, or if (iii) the Customer orders by phone and receives an order confirmation by e-mail. Details regarding the contract (e.g. selected Software, scope of functions, term, Services, etc.), are set forth in the options selected by the Customer and in the specifications provided by TeamViewer during the ordering process, or respectively on the order form (hereinafter all consistently referred to as “Order”, and hereinafter this EULA and the Order together shall be referred to as the “Contract”). A free-of-charge Contract in accordance with the provisions of this EULA between TeamViewer and the user shall be formed through the installation of a free-of-charge-version of the Software (“Freemium Software”). 1.4. Freemium Software. This EULA shall also apply for the use Freemium Software accordingly. 1.5. No deviating provisions. This Contract, including all Orders hereto, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Any inconsistent or conflicting terms and conditions contained in any purchase order or similar instrument of Customer shall be of no force or effect, even if the purchase order or similar instrument is accepted by TeamViewer. 1.6. Electronic commerce obligations. Sections 312i para. 1 nos. 1, 2 and 3 as well as sec. 312i para. 1 sentence 2 German Civil Code (“BGB”), which specify certain obligations of TeamViewer in the case of electronic commerce contracts, shall herewith be excluded. 1.7. Test period. If the Order provides for a test period, the Customer may terminate this Contract (and its Order) for the Software within seven (7) calendar days of the conclusion of the Contract. In such case Customer shall be provided with a refund of any prepaid, unused fees (if any) paid to TeamViewer for the applicable Software that is subject to the test period. 2. Product specification and activation of the Software 2.1. Product specification. The functions of the Software and a description of any Services are set forth and described in the product description available in the TeamViewer web shop and on the applicable Order (“Product Specification”). Only this Product Specification shall be relevant to the contractually agreed quality and features of the Software and the Server Services; any other oral or written statements of TeamViewer shall not be relevant. Some features and functions of the Software or Services provided by TeamViewer may include or depend on certain third party products and services all of which may be subject to changes by such third parties. Accordingly, such features and functions may be modified or limited. 2.2. No guarantees. In case of doubt, guarantees regarding the quality or features made by TeamViewer shall only be interpreted as such if they have been made in writing (including a signature) and are labelled “guarantee”. 2.3. Provision and activation. TeamViewer shall provide the Software to the Customer for electronic download. 2.4. Activation. After completing the Order the Customer shall receive (i) a license key or (ii) an activation link for the activation of the license. Once the license has been activated, the rights of use and functionalities in accordance with the Contract shall be available to the Customer. 3. Software rights of use 3.1. Non-exclusive right of use. TeamViewer herewith grants the Customer the non-exclusive, worldwide (subject to applicable export regulations; unless the Customer is expressly granted a limited right to use the license only in a specific territory during the order process), non-transferrable and not sub-licensable right to install, run and use the Software on Customers computers within the limits of the scope of use specified in the Order and this EULA. Notwithstanding the aforesaid, Customer shall be entitled to sublicense the Software in accordance with scope of Software functions (channel grouping). 3.2. Term of use. In case of a term or subscription based license (“Subscription”), the rights of use granted under this Contract shall be limited in time to the term specified in the applicable Order (cf. section 11). 3.3. Scope of use for fee-based licenses of the Software. Fee-based licenses of the Software – Subscription as well as Lifetime – are available exclusively to businesses/entrepreneurs and not to consumers. The scope of the granted rights and the admissible scope of use (e.g. channels) shall be set forth in the Contract. If the Customer obtains the right to use the Software for commercial use, then the Customer shall be entitled to use the Software for the Customer’s own trade or profession or the trade or profession of Customer’s Affiliates. For purposes of the foregoing, an “Affiliate” shall mean any other person which directly or indirectly, controls, is controlled by, or is under common control with Customer, including, without limitation, subsidiaries, parent and sister companies. 3.4. Scope of use for Freemium-Software. The use of the Freemium-Software is solely permitted for the user’s own, private, non-commercial purposes (e.g. free computer support for a spouse/partner). The use of the Freemium-Software for the exercise of the user’s own trade or profession or the use for purposes for which the user directly or indirectly receives compensation (team work with colleagues, free support provided to third parties which have bought software of the user) does not qualify as private use. 3.5. Unauthorized use. Any use of the Software exceeding the contractually agreed scope of usage is expressly prohibited. 3.6. Source code. The rights of use granted shall not include any rights to the source code of the Software. 3.7. Modification and decompilation. The rights granted pursuant to this Contract shall not include any rights to the modification or decompilation of the Software. This shall not affect the Customer’s statutory rights, in particular pursuant to sec. 69e of the German Copyright Act (UrhG). 3.8. Markings. Markings of the Software, in particular, copyright notices, brands, serial number or similar must not be removed, modified or rendered illegible. 3.9. Provision to third parties. The Customer shall not be entitled to give or provide the Software to third parties beyond the intended use; in particular, the Customer shall not be entitled to sell the Software. This does not affect 3.1 sentence 2. 3.10. Reservation of rights. As between the parties, TeamViewer retains all right, title and interest in and to the Software (and any updates thereto provided by TeamViewer) and in all copies, modifications and derivative works of the Software including, without limitation, all rights to patent, copyright, trade secret, trademark and other proprietary or intellectual property rights. 3.11. Right to audit and self-declaration. TeamViewer may, at its sole discretion, conduct technical measures regarding the functionality of the Software and the Server Services in such a way that it may detect whether the contractually agreed scope of usage is being exceeded by the Customer. Also, TeamViewer may require the Customer, at any time, to provide a self-declaration regarding its actual scope of use. 4. Server Services and other services provided by TeamViewer 4.1. Server Services. For the establishment of encrypted remote communication connections between different users of the Software, the Software must respectively first of all communicate with servers of TeamViewer (so-called “handshake”). In addition, it may be necessary for the transmission of data in the context of a session (e.g. online meeting or remote maintenance) that encrypted data packets be forwarded by servers of TeamViewer (so-called “routing”). Such handshake and routing are made available in connection with TeamViewer’s Server Services. (i) Subject matter. TeamViewer is willing to provide Customer with the respective Server Services. The Server Services may be unavailable from time to time due to technical difficulties or due to causes beyond the reasonable control of TeamViewer. The Internet connection between the Customer and the data center as well as the required hardware and software (e.g. PC, operating system) shall not be included in the services provided by TeamViewer and shall be Customer’s responsibility. The respective costs shall be borne by Customer. In case of Freemium-Software, the user has no claim to demand the provision of the Server Services and TeamViewer may in its sole discretion discontinue or modify the Server Services at any time. (ii) Term. In case of a subscription term license, the Server Services may be provided during the limited term of the Customer’s subscription to the Software. 4.2. Installation, configuration. The Customer shall be solely responsible for the installation and configuration of the Software. TeamViewer is not responsible for any installation or configuration. 4.3. Support. TeamViewer’s only obligation for Support Services shall be to provide those specific Support Services set forth and described on the Order (if any), subject to Customer’s payment in full for such Support Services. This shall not affect any statutory warranty claims of the Customer. 4.4. Documentation. TeamViewer shall provide a PDF manual retrievable online in German and English. Any further languages may be offered by TeamViewer on a voluntary basis, at TeamViewer’s sole discretion. The documentation is available under link. As between the parties, TeamViewer retains all right, title and interest in and to such documentation and in all copies, modifications and derivative works thereof including, without limitation, all rights to